“During our initial investigation, the NYPD misidentified the victim of a fatal car crash,” police said in a statement obtained by PEOPLE.
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Stock image of an NYPD car
A family is still reeling after hearing their loved one died in an accident, only to find out it wasn’t true.
According to WABC TVpolice told Sheila Nagengast that her 44-year-old sister, Denise Owen, died after being struck by a car on Tuesday, October 31, in Staten Island.
“They said, ‘I’m sorry to inform you, but your sister was fatally killed in a car accident,’” added Nagengast, who said her sister was homeless at times and had been diagnosed with schizophrenia.
In a statement obtained by PEOPLE, a spokesperson for the New York Police Department said that “during our initial investigation, the NYPD incorrectly identified the victim of a fatal vehicle collision.”
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Nagengast told WABC-TV that family members and friends also heard about the news as word spread.
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When Nagengast met with an attorney, she said her other sister called to say Owen was alive. “She FaceTimed me, and my sister Denise… is standing right in front of my (other) sister. Alive and well,” Nagengast said.
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Personal injury attorney Jonathan D’Agostino tells PEOPLE that if “the police had been more diligent in following standard protocol in this case,” the family “would have been spared the infliction of emotional distress.”
D’Agostino added that he is now working with the “real victim of this accident” but is not at liberty to discuss additional details.
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In a statement obtained by PEOPLE, police said that “after further investigation, proper identification and subsequent family notification was made.”
They added: “We apologize for any unfortunate distress we may have caused.”