Lex Luthor wrote:
Basically if you're anywhere near a crime scene, you're screwed.
Not at all. The statute says
unreasonably fails. This is similar to the Ohio law on the subject, just phrased more vaguely. Here is the Ohio law:
ORC 2921.23 wrote:
(A) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
(B) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
In other words, you do not have to assist a law enforcement officer when it puts you at risk of physical harm.
The New York law is less explicit because it replaces the underlined portion with "unreasonably fails or refuses to aid", but it is hardly reasonable to expect a person to put themselves at physical risk to make an arrest; that is the reason we have police in the first place.
In this woman's case, she is a security guard, which would make her refusal mildly more unreasonable, but that probably won't matter since the incident was apparently taking place outside (although very close) the area she was supposed to be guarding, and therefore she really is no different from any other citizen. Had it happened inside her building, it
might be unreasonable for her not to assist by virtue of her being a security guard, but that is debatable, and since it wasn't the case, relatively unimportant.