The Attorney General’s Office is not pursuing any charges against a former Troy Police officer that struck and killed a delivery driver when responding to a call nearly two years ago.

Officer Justin Byrnes was responding to a 911 call for a domestic disturbance on Feb. 22, 2023 on Hoosick Street. Byrnes was driving nearly 90 mph in a 30 mph zone. As he approached the intersection of 15^th and Hoosick streets, he slowed down to 65 mph and went through the red light. He slammed on the brakes when he saw 30-year-old Sabeeh Alalkawi, according to the AG report. Byrnes crashed into Alalkawi, killing him.

The Attorney General’s Office of Special Investigation concluded that a charge of second-degree manslaughter could not be supported because “the evidence does not establish beyond a reasonable doubt that the officer’s conduct was a gross deviation from the standard that would have been observed by a reasonable officer in the same circumstances, or that the officer consciously disregarded a substantial and justifiable risk of death.”

The report noted that the officer took precautions when going through the red light, including having lights and sirens on, and braking when he saw Alakawi. Byrnes subsequently turned the wheel in an effort to prevent the collision.

The Office of Special Investigation report said Byrnes was not under the influence of drugs or alcohol and was not texting, using a phone or otherwise distracted.

Alalkawi’s family brought a lawsuit against the city of Troy, which was settled for $5.8 million.

A New York State Police report had faulted Byrnes for lack of caution in going through the light.

Byrnes was fired because he lost his license.