Appointing a special prosecutor to investigate and, if warranted, prosecute matters relating to the death of Anna Wilson and the injury of Brianna Dillon in a motor vehicle incident on May 11, 2024, in Suffolk County.
No. 51
E X E C U T I VE O R D ER
APPOINTING A SPECIAL PROSECUTOR TO INVESTIGATE AND, IF WARRANTED, PROSECUTE MATTERS RELATING TO THE DEATH OF ANNA WILSON AND THE INJURY OF BRIANNA DILLON IN A MOTOR VEHICLE INCIDENT ON MAY 11, 2024, IN SUFFOLK COUNTY
WHEREAS, Executive Law Section 70-b gives the Attorney General of the State of New York the primary authority to prosecute police officers for offenses arising from any incident in which a police officer has caused the death of a person, and, further, gives the Attorney General the authority to prosecute persons for any criminal conduct arising from such an incident; and
WHEREAS, the Attorney General has made a showing to me that issuing the present Executive Order will further the purposes of Executive Law Section 70-b;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and particularly by subdivision 2 of section 63 of the Executive Law, hereby require the Attorney General (hereinafter, the Special Prosecutor) to investigate the conduct of, and, if warranted, present evidence to a grand jury against and prosecute offenses committed by Kayla Lopez, a civilian, in connection with the death of Anna Wilson and the injury of Brianna Dillon, which occurred in a motor vehicle incident on May 11, 2024 in Suffolk County;
FURTHER, for any matter covered herein, the Special Prosecutor shall have the powers and duties specified in subdivision 2 of section 63 of the Executive Law and shall possess and exercise all the prosecutorial powers necessary to investigate, and, if warranted, to prosecute offenses arising from the incident. The Special Prosecutor's jurisdiction will displace and supersede the jurisdiction of the District Attorney for the County where the incident occurred, and such District Attorney shall have only the powers and duties designated to such District Attorney by the Special Prosecutor as specified in subdivision 2 of section 63 of the Executive Law; and
FURTHER, for any matter covered herein, the Special Prosecutor shall conduct a full, reasoned, and independent investigation including, but not limited to, gathering and analyzing evidence, conducting witness interviews, and reviewing investigative reports, scientific reports, and audio and video recordings; and
FURTHER, for any matter covered herein, the Special Prosecutor shall appear in person before a grand jury drawn for any term of the Supreme Court in the County of appropriate jurisdiction for the purpose of conducting any and all proceedings, examinations, and inquiries consistent with this Order, and attend in person any term of the County or Supreme Court to be held in and for the County of appropriate jurisdiction to prosecute any offenses consistent with this Order and to conduct therein any related actions and proceedings; and
FURTHER, for any matter covered herein, the Special Prosecutor shall publish a report if the Special Prosecutor declines to present evidence to a grand jury regarding the incident specified herein, or the grand jury declines to return an indictment in connection with such incident, such report to include, to the extent lawful, a summary of the evidence and an explanation of the outcome.
This Executive Order shall continue until modified, suspended or terminated by the Governor.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this 8th day of August in the year two thousand twenty-five.
BY THE GOVERNOR
Secretary to the Governor