The Yonkers teen accused of fatally crashing his BMW into a police sergeant’s car will not face criminal charges. The unidentified minor, who was unlicensed at the time of the incident, recently had his case transferred to family court in Westchester County.
Last month, the teen was indicted on criminally negligent homicide after colliding with Yonkers Detective Sgt. Frank Gualdino‘s police vehicle. Sgt. Gualdino, a 24-year veteran of the YPD, tragically lost his life in the December 1, 2022 crash.
The judicial shift occurred just days before the first anniversary of the fatal incident. Yonkers police expressed hope that justice would prevail despite the change in venue. In a social media post they emphasized the importance of accountability for all parties involved.
Criminal justice reformed
The decision to move the case to family court stems from a 2017 state law, called “Raise the Age.” This legislation increased the age of criminal responsibility to 18, specifically impacting 16- and 17-year-olds facing certain felonies. Assistant District Attorney Nadine Nagler cited this law in court, stating that the prosecution lacked a legal basis to retain the case in criminal court.
While acknowledging the egregious nature of the teen’s conduct, prosecutors faced limitations in presenting sufficient factors to justify the case remaining in the criminal justice system. The defendant, who was 16 at the time, will now navigate the family court system.
The tragic crash serves as a reminder of the complexities surrounding juvenile justice. As the legal proceedings continue in family court, the community grapples with the balance between accountability and the age-appropriate handling of serious crimes.
