No criminal charges will be filed against a Franklin Township Police Officer that was allegedly speeding without his sirens or lights when he struck and killed a 10-year-old boy three days after Christmas.
Officer Nicholas Locilento, 23, was responding to a call about a misbehaving juvenile -- a call that investigators have classified a non-emergency -- when his cruiser hit and killed Matthew McCloskey on Delsea Drive as he and two friends ran to a friend's house for a sleepover.
Locilento was speeding, driving 74 mph in a 50 mph zone, without emergency warning equipment, when he struck McCloskey, investigators said.
As it stands, New Jersey law recogonizes that police officers may need to exceed speed limits to properly perform duities and speeding is not a crime as long as they exercise caution and don't "recklessly disregard the safety of others,"
The officer will not face criminal charges in McCloskey's death because he was not driving recklessly -- meaning he wasn't under the influence of alcohol or drugs, wasn't using his cellphone and had sufficent sleep before the accident, according to investigators.
In Franklin Twp. it's standard practice that an officer does not their cruiser's lights or sirens in non-emergency situations.
Following the accident, Locilento ran to the boy and began issuing emergency aid, officials said. The boy died from his injuries later that night.
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Locilento has been on paid administrative leave since the deadly accident. His future with law enforcement is subject to administrative review.
McCloskey's family hopes that police will review their standard operating prodecures going forward.
