Court vacates most serious charges against driver in Nassau officer’s death

<p>A state judge has vacated the most serious charges against an Oakdale man convicted in a highway crash that killed a Nassau police officer.</p>

News 12 Staff

May 9, 2018, 9:17 PM

Updated 2,192 days ago

Share:

A state judge has vacated the most serious convictions against an Oakdale man convicted in a highway crash that killed a Nassau police officer.
News 12 has reported that James Ryan was convicted of being intoxicated when he caused two accidents on the Long Island Expressway in October 2012. Officer Joseph Olivieri was responding to those accidents when another driver, Francis Belizaire, fatally struck him.
The appeals court judge ruled there wasn't enough evidence to uphold the manslaughter and criminally negligent homicide convictions, since Ryan wasn't the driver who killed Olivieri. 
His attorney Marc Gann told News 12 that the evidence was insufficient for those charges.
"I really felt it was an injustice that he was convicted of them in the first place," Gann said.
Ryan's DWI and assault convictions will stand.
The Nassau PBA president condemned the court's decision.
"I'm disappointed with the outcome," James McDermott said. "A police officer's life was lost due to his negligence, and my heart goes out to the Olivieri family."
The Nassau District Attorney's Office said the court's decision was disappointing and that prosecutors are reviewing their options to appeal.
In the meantime, Ryan's parents are driving upstate to pick up their son when he's released from prison sometime Thursday.
"They feel, in some way, vindicated," Gann said.
Olivieri's family could not be reached for comment.


More from News 12
1:35
Huntington Station church pastor accused of sexually abusing 15-year-old girl to face a judge

Huntington Station church pastor accused of sexually abusing 15-year-old girl to face a judge

1:55
Clouds and showers through the day with highs in the 50s

Clouds and showers through the day with highs in the 50s

0:25
Police: Man arrested for exposing himself to 2 teens in East Meadow

Police: Man arrested for exposing himself to 2 teens in East Meadow

0:20
Police: Man, woman wanted for stealing wallet, using credit cards in Suffolk

Police: Man, woman wanted for stealing wallet, using credit cards in Suffolk

0:22
Planet Fitness raising membership fee for first time in 26 years

Planet Fitness raising membership fee for first time in 26 years

2:16
Paris Baguette serves up sweet treats for Mother’s Day

Paris Baguette serves up sweet treats for Mother’s Day

1:07
The East End: Calissa in Water Mill

The East End: Calissa in Water Mill

1:34
The Real Deal: The best deals for mom this Mother’s Day

The Real Deal: The best deals for mom this Mother’s Day

Is your mom awesome? Long Island tell us why your Mom Rocks!

Is your mom awesome? Long Island tell us why your Mom Rocks!

1:44
Long Islanders encouraged to donate nonperishable food to Stamp Out Hunger

Long Islanders encouraged to donate nonperishable food to Stamp Out Hunger

1:03
State DEC: Another concrete block found buried at Bethpage Community Park

State DEC: Another concrete block found buried at Bethpage Community Park

1:44
Resources to find food banks and food programs in the tri-state area

Resources to find food banks and food programs in the tri-state area

0:18
Police: Man dies in Brookville motorcycle crash

Police: Man dies in Brookville motorcycle crash

1:58
Uniondale mom who was in heart failure while pregnant set to celebrate 1st Mother's Day

Uniondale mom who was in heart failure while pregnant set to celebrate 1st Mother's Day

1:29
House Majority Leader Scalise rallies for LI GOP candidates during Franklin Square fundraiser

House Majority Leader Scalise rallies for LI GOP candidates during Franklin Square fundraiser

1:58
Nassau County executive: First class of 7 residents complete training to become armed deputies

Nassau County executive: First class of 7 residents complete training to become armed deputies

2:00
Deputy chief instructor at Nassau Fire Service Academy sustains burns during training exercise

Deputy chief instructor at Nassau Fire Service Academy sustains burns during training exercise

0:38
Navy officials say Bethpage plume is moving about a foot a day

Navy officials say Bethpage plume is moving about a foot a day

1:28
Northport-East Northport Board of Ed meeting discusses finalized budget in 1st meeting since teen's arrest for threat

Northport-East Northport Board of Ed meeting discusses finalized budget in 1st meeting since teen's arrest for threat

2:27
Huntington Town Board hosts second public hearing on walkable downtown in Melville

Huntington Town Board hosts second public hearing on walkable downtown in Melville