MINEOLA, N.Y. (AP) — A judge has dismissed the top charges against a driver involved in a Long Island Expressway crash that killed a police officer.
Nassau County Judge Jerald Carter on Tuesday dropped vehicular homicide and charges against James Ryan of Oakdale.
Newsday (http://bit.ly/JxHJ8V ) reports the top count against Ryan now is assault.
Prosecutors say Ryan was driving drunk when he struck a car on the LIE in October 2012.
He was rear-ended by another car, and then stopped.
When Officer Joseph Olivieri Jr. stopped to help Ryan, he was killed by an SUV that happened upon the crash scene.
Prosecutors said Ryan's actions started the chain of events that caused the fatal crash.
The district attorney's office is considering whether to appeal.
Information from: Newsday, http://www.newsday.com