WOODBURY, N.J. (AP) — Charges won't be filed against a police officer who was speeding when he struck and killed a 10-year-old boy with his squad car, authorities said Friday.
The Gloucester County Prosecutor's Office said 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 third boy did not try to cross the road.
The prosecutor's office says the officer had his headlights on but not his siren or flashing lights.
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, authorities said. The prosecutor's office said police are allowed to speed to calls.
Locilento was not under the influence of drugs or alcohol, and there is no evidence he was using his cellphone when he crashed, the office said.
The office said he tried to give emergency aid to Matthew, who died 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.