Footage shows an off-duty Long Island police officer David Mascarella wrecking another vehicle with his truck, causing a two-year-old boy’s skull to be fractured. The officer who arrived at the scene broke all protocols and failed to administer a breathalyzer test.

The Suffolk County District Attorney’s Office can’t charge David Mascarella for vehicular assault or DUI due to the officer breaking protocols.

David Mascarella refused to take a breathalyzer, and the officer involved didn’t notify the Suffolk County District Attorney’s Office of his refusal. The DA can’t seek a warrant for a blood test which could have verified if he was drunk during the accident.