- Associated Press - Friday, January 9, 2015

WOODBURY, N.J. (AP) - New Jersey authorities said Friday that they will not file charges against a police officer who struck and killed a 10-year-old boy with his squad car last month.

The Gloucester County Prosecutor’s Office said Friday that Franklin Township Patrolman Nicholas Locilento’s action “was not criminal in nature.”

He was one of three officers speeding to a nonemergency call on a wet roadway at around 7 p.m. on Dec. 28. Authorities say three boys were running along the road heading to a sleepover.

Police say a 12-year-old boy ran across the road and yelled that a car was coming. Ten-year-old Matthew McCloskey ran into the road and was hit by the police car. The 12-year-old’s younger brother did not attempt to cross the road.

The prosecutor’s office says the officer had his headlights on but not his siren and flashing lights.

The office said he hit his brakes when he saw the children on the road but was still was traveling about 74 mph in a 50 mph zone at the time of the crash. Officers are allowed to speed to calls, the office said.

The prosecutor’s office said Locilento was not under the influence of drugs or alcohol and there is no evidence he was using his cellphone when he crashed.

The officer tried to give emergency aid to the boy, who was declared dead at the scene.

Locilento’s actions are still subject to an administrative review. The prosecutor’s office said it would also study whether police should be required to have emergency equipment on whenever they’re exceeding the speed limit.


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