January 09, 2015
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Matthew McCloskey was struck while crossing Delsea Drive near Elmer Street on the night on Dec. 28.
The child, Matthew McCloskey, was struck while crossing Delsea Drive near Elmer Street with two friends at 7 p.m. on Dec. 28. The officer, Nicholas Locilento, 23, attempted to brake when he saw McCloskey crossing the street.
The Gloucester County Prosecutor's Office told the Inquirer in a statement that Locilento's actions were not of a criminal nature.
"As to the speed of Patrolman Locilento's vehicle," the prosecutor's office said in a statement, "New Jersey law recognizes that police officers in the performance of their duties may need to exceed posted speed limits as long as they exercise due caution and not recklessly disregard the safety of others."
"It was not reasonable for him to foresee that he would encounter a young boy running in the roadway where this accident occurred," the prosecutor's office said. "The investigation reveals that this was a tragic accident and not the result of criminal wrongdoing."
The prosecutor's office will be reviewing procedure on emergency warning equipment and Locilento was put on administrative leave, the Inquirer reports.
