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New York Penal Law 125.11 covers the crime of aggravated criminally negligent homicide. This law makes it a felony to cause the death of certain protected individuals like police officers through criminal negligence. Let’s take a closer look at what constitutes criminally negligent homicide, what makes it “aggravated,” and the penalties defendants face if convicted.
Criminally negligent homicide occurs when someone fails to perceive a substantial and unjustifiable risk that their actions could result in another person’s death. The negligence here is criminal because a reasonable person would have been aware of the danger. For example, firing a gun randomly into the air could potentially kill someone. Any reasonable person would recognize that risk.
Unlike other homicide charges in New York, criminally negligent homicide does not require the intent to kill. However, the defendant’s failure to perceive the risk must be a “gross deviation” from how a reasonable person would act. Minor slip-ups do not qualify. The negligence must be severe enough to warrant criminal charges.
Criminally negligent homicide is a class E felony under New York law, carrying a maximum sentence of 4 years in prison.
Criminally negligent homicide becomes “aggravated” under PL 125.11 when the victim is a police officer, peace officer, or first responder. This includes:
The defendant must also have known, or reasonably should have known, that the victim was a member of one of these protected classes. They don’t necessarily need to know the individual victim’s name or identity. But they must be aware that the person belongs to one of the protected professions.
For example, accidentally shooting an undercover police officer could qualify as aggravated criminally negligent homicide. Even if the defendant did not realize that specific person was a cop, they should reasonably know shooting at someone could kill a police officer.
Unlike ordinary criminally negligent homicide, aggravated criminally negligent homicide is a class C felony. This exposes defendants to much more serious penalties:
The stiff penalties aim to deter violence against first responders and other protected officials who put their lives at risk to keep the public safe. The law takes their murders very seriously, even if the defendant did not intentionally kill them.
Defendants facing aggravated criminally negligent homicide charges can raise several defenses that may defeat or mitigate the charges:
The main defense is that the defendant did not act negligently at all. For example, they took proper precautions while engaging in an inherently dangerous activity like target shooting at a gun range. Or they were unaware that their actions posed any substantial risk of causing death.
The defendant may claim they did not know, nor reasonably should have known, that the victim was a member of a protected class like a police officer. This negates the “aggravated” element and reverts the charge back to ordinary criminally negligent homicide.
Defendants can argue they acted justifiably in self-defense, even if their actions negligently caused the death of a first responder. However, the force used must have been reasonable and proportional to the perceived threat. Excessive force undercuts a self-defense claim.
Self-defense also requires no opportunity for safe retreat. If the defendant could have avoided using deadly force against the victim, their self-defense claim fails.
Several recent cases illustrate how courts apply NY Penal Law 125.11 in real situations:
In 2017, Christopher Smith crashed his car into an ambulance in Queens. His reckless driving killed EMT Yadira Arroyo. Prosecutors charged Smith with aggravated criminally negligent homicide under PL 125.11 since he should have known his dangerous driving could kill an EMT.[1]
In 2019, Jacek Prusinski backed his garbage truck over NYPD officer Brian Mulkeen, killing him. He claimed he did not realize Mulkeen was behind him. Prosecutors charged aggravated criminally negligent homicide since Prusinski should have checked his surroundings before driving in reverse.[2]
Also in 2019, Xavier Smith shot and killed NYPD officer Brian Simonsen. Smith claimed he didn’t realize Simonsen was a police officer and thought he was an armed robber. Prosecutors charged aggravated criminally negligent homicide since Smith should have confirmed his target before shooting.[3]
New York Penal Law 125.11 imposes serious felony charges when a defendant’s criminal negligence causes the death of a police officer, first responder, or other protected official. The “aggravated” element stems from the defendant’s duty to recognize these victims put their lives at risk to protect the public. While a lack of intent to kill provides some defense, the negligence must still be egregious for PL 125.11 to apply. Defendants face 5 to 15 years in prison if convicted. However, asserting justifications like self-defense or lack of knowledge of the victim’s status can defeat the charges.
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