WEST SENECA, N.Y. (WIVB) – An off-duty Cheektowaga police officer who struck and killed a teenager who was walking home on Dec. 18 told investigators that shortly before the crash, he turned to the back of his truck to check on his whimpering dog and didn’t have time to react when he noticed something about 5 feet in front of the truck, police records obtained by News 4 Investigate show.
“He pulled over and realized he had hit a person in the road,” the accident report said. The accident happened about 9:30 p.m. on Clinton Street in West Seneca.
Police records obtained through a Freedom of Information Act request show the 27-year-old off-duty Cheektowaga police officer directed a bystander to call 911 while he rendered aid to 16-year-old Paul Alvarez.
News 4 is not naming the officer because he has not been charged with a crime.
The off-duty officer underwent drug and sobriety tests, including a breath test, which showed no alcohol, according to police reports.
The incident report states an off-duty Cheektowaga police officer was at the scene. He then accompanied a detective to the West Seneca Police Department to testify against the off-duty Chitowaga police officer. Additionally, the state Attorney General’s Office, which is investigating the incident, sent a detective to the scene.
The Erie County Assistant District Attorney concluded based on the evidence available at the time that criminal charges were not warranted, according to police records. The investigation by the state Attorney General’s Office is ongoing.
Cheektowaga, who was off duty, returned home with his family and the Cheektowaga lieutenant who was on duty.
West Seneca police interviewed at least eight witnesses who gave varying accounts of where Alvarez was walking before the black 2016 Chevrolet Silverado struck him, according to the incident report.
A witness said she saw Alvarez “walking along the center of the westbound lane and observed the truck hit him.”
“She stated it was difficult to see the pedestrians and that they appeared to be walking in the driveway,” a witness told police, according to the police report. “The pedestrians were wearing all dark clothing and she described the roads in the area as dark.”
Investigators noted in the police report that the point of impact was approximately midway between the two nearest streetlights, which police described as “the darkest area of the road.”
Another witness told investigators that he was driving east on Clinton Street before the crash when he spotted a pedestrian in the westbound lane.
A third witness said he was driving west on Clinton Street when he saw a pedestrian wearing dark clothing walking east in the westbound lane and had to swerve to avoid a collision.
A fourth witness said she was driving in the same direction when she saw a pedestrian “walking along the fog line on the north side of the street” and swerved to avoid hitting the person.
A fifth witness said she noticed a person wearing dark clothing walking east along the white fog line on the north side of Clinton Street. She also told investigators she had to swerve to avoid hitting the man, according to the police report.
Investigators reviewed a video that showed Alvarez walking east on the north shoulder of Clinton Street, the police report said.
Alvarez was pronounced dead at ECMC.
News 4 spoke with the teen’s mother, Alba Torres-Hernandez, who said her family has been touched by the outpouring of support from the community
“He was the most important person in my life,” she said. “He was an amazing kid with a wonderful heart full of devotion, love and care that I was privileged to enjoy.”
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Dan Telvock is an award-winning investigative producer and reporter who has been part of the News 4 team since 2018. See more of his work here and Follow him on Twitter.
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