WOODBURY - The top charge against a man accused of drunken driving and causing the death of a Nassau County police officer has been dismissed.

A judge dropped seven charges against James Ryan, including the top charge of aggravated vehicular homicide.

The judge ruled that the third party driver, whose car actually hit officer Joseph Oliveri, was negligent. Ryan now faces less than seven years in prison.

In October of last year, Oliveri was responding to a chain reaction crash on the LIE when he was hit and killed.

Prosecutors say Ryan was drunk when he caused the crash, left the scene and then caused another crash.

The top charge against Ryan is now vehicular assault.