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  • Democrat and Chronicle

    Troy to pay $5.77M to family of man killed by cop who ran red light

    By Kayla Canne, Rochester Democrat and Chronicle,

    1 day ago

    It has been nearly a year and a half since a Troy police officer barreled through a red light at 88 miles per hour and slammed his police cruiser into the sedan of a local pizza delivery driver ― killing the man on impact.

    The city of Troy announced this week they will pay Sabeeh Alalkawi’s family $5.77 million to settle a wrongful death lawsuit and have fired the officer, Justin Byrnes, after his license was revoked by the state Department of Motor Vehicles.

    An investigation by the state Attorney General’s Office is ongoing and will determine whether Byrnes will face criminal charges related to the crash.

    https://img.particlenews.com/image.php?url=1xzfos_0uRWOZdB00

    The USA TODAY Network-New York spent the last year investigating police car crashes and the toll they take on civilians, including an examination of the crash that killed Alalkawi.

    Our investigation found police officers from some agencies received little to no discipline after crashing their department vehicles into buildings, light poles, pedestrians and other drivers ― and civilians involved in these collisions often find themselves with little recourse for devastating injuries and costly damages because of laws that offer broad legal immunity to emergency responders.

    Read the story: A NY cop ran a red light going 88 mph and killed a young father. He still has his badge.

    Kingston attorney Joseph O’Connor, who represented the Alalkawi family in the lawsuit, said the settlement will provide opportunity for the man’s wife and two young sons but should not replace true change and accountability.

    “This is civil justice and that’s different from criminal justice,” he said. “Financially they’re going to be able to recover, but you’re still losing your dad ― you can’t replace that. It only brings back so much.

    “In the long term, if at some point someone doesn’t get criminally prosecuted on something like this, it will only continue,” he added.

    Driving Force: Devastating effects, few consequences: What we've uncovered about NY police crashes so far

    The Troy City Council approved the settlement at its meeting Thursday night.

    “I am grateful that we were able to reach a resolution on this tragic episode,” Mayor Carmella Mantello said in a statement. “My condolences go out to the Alalkawi family and those impacted by the incident.”

    The terms of the settlement and Byrnes’ termination were first reported by the Times Union.

    Sabeeh Alalkawi killed after Troy cop ran red light

    Alalkawi was working a late shift delivering pizzas on Feb. 22, 2023 ― the night he was killed.

    The 30-year-old father of infant twins was heading back toward a pizza shop on 15 th Street when his car was ripped from the roadway by Byrnes’ police cruiser. It was just before 1 a.m.

    Byrnes was speeding down Hoosick Street toward a domestic disturbance call. A New York State Police reconstruction report found the officer was traveling nearly three times the posted speed limit seconds before the crash.

    He had a red light, and a three-story building at the intersection of Hoosick and 15 th streets blocked the view of drivers from both directions ― but Byrnes charged through anyway.

    https://img.particlenews.com/image.php?url=1FOzWA_0uRWOZdB00

    His cruiser exploded into Alalkawi’s sedan and sent it spinning 200 feet in the opposite direction.

    Alalkawi died almost instantly.

    The NYSP reconstruction report found Byrnes responsible for the crash, saying his decision to drive through the red light without caution was the “primary contributing factor.”

    But the officer remained on the job ― reassigned to desk duty ― until earlier this week.

    https://img.particlenews.com/image.php?url=2Y0aOf_0uRWOZdB00

    Troy Officer Justin Byrnes fired after crash that killed pizza driver

    Assistant Chief Steven Barker said Byrnes was fired after his driver’s license was revoked by the DMV — disqualifying him from the police force.

    An administrative law judge took Byrnes’ license in April after a standard DMV hearing required of any motorist involved in a fatal crash. Byrnes had been with the department since 2019.

    https://img.particlenews.com/image.php?url=307LjB_0uRWOZdB00

    O’Connor has said the crash revealed systemic, unchecked negligence within the police department. Two other Troy officers tore through the same intersection at high rates of speed seconds before Byrnes did the night Alalkawi was killed.

    On Wednesday, O’Connor said he has not heard of any policy or training changes stemming from the crash. He believes there is enough evidence to hold Byrnes criminally responsible for Alalkawi’s death ― but it is yet to be seen whether the attorney general will pursue charges.

    “The attorney general’s office just doesn’t seem to have the stomach to try cops,” he said. “They’ve done a couple cases, but if they’re not going to try that case? Then what are they doing?”

    https://img.particlenews.com/image.php?url=3hd0IJ_0uRWOZdB00

    Alalkawi’s widow, Zinah, continues to care for their twin sons with the help of relatives.

    The family, O’Connor said, hopes to open a pizzeria.

    Kayla Canne reports on community justice and safety efforts for the Democrat and Chronicle. Follow her on Twitter @kaylacanne and @bykaylacanne on Instagram. Get in touch at kcanne@gannett.com .

    This article originally appeared on Rochester Democrat and Chronicle: Troy to pay $5.77M to family of man killed by cop who ran red light

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