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Prosecutor: No Criminal Charges For Officer Who Struck, Killed 10-Year-Old In Gloucester County

FRANKLIN Twp., NJ (CBS) – The Gloucester County Prosecutor says no criminal charges will be filed against a Franklin Township police officer who struck and killed a 10-year-old boy with his vehicle on December 28.

Authorities say the officer was responding to a call for assistance with an unruly juvenile at the time of the incident. Police say his headlights were on, but his emergency warning equipment was not activated. The posted speed limit in the area is 50 miles per hour, according to the prosecutor.

Officials say around 7 p.m. that night three boys, ages, nine, 10 and 12, were running on Delsea Drive towards a home. The oldest boy safely ran across the street and yelled that a car was coming. Ten-year-old Matthew McCloskey ran into the road and was struck by Officer Locilento's vehicle. The youngest boy never entered the roadway.

Authorities say the officer did apply his brakes, but was unable to stop in time. According to calculations of motor vehicle crash reconstruction officers, he was traveling around 74 MPH.

McCloskey was pronounced dead at the scene.

An investigation revealed Officer Locilento was not under the influence or alcohol or illegal drugs at the time of the accident, officials say. There was also no evidence that he was sleep deprived or distracted.

The prosecutor says that the call in question was categorized as a non-emergency call requiring an immediate response to prevent incidents from escalating. New Jersey law recognizes that police may need to exceed posted speed limits as long as they exercise due caution and not recklessly disregard the safety of others.

Authorities say Officer Locilento will not be charged criminally and it was not reasonable for him to foresee encountering a young boy running in the roadway. Additionally, there was no crosswalk or traffic control device near the accident.

The prosecutor says although no criminal charges will be filed, the actions of Locilento will be subject to administrative review. The Prosecutor's Office will also review all local police procedure to determine if revisions should be made in non-emergent police responses to require activation of emergency warning equipment when exceeding the speed limit.

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