During the initial investigation, the NYPD mistakenly identified the person who died in a car accident, police said in a statement that PEOPLE obtained.
A family is still in shock after being told that a loved one died in an accident but was not really dead.
News station WABC-TV reported that Sheila Nagengast was told by police that her sister Denise Owen, 44, died on Staten Island on Tuesday, Oct. 31, after being hit by a car.
“They told me, ‘I am sorry to tell you this, but your sister died in a car accident,'” Nagengast said. She said her sister had been homeless at times and had been diagnosed with schizophrenia.
Someone from the New York Police Department told PEOPLE that “during the course of our initial investigation, the NYPD misidentified the victim of a fatal vehicle collision.”
As word spread, Nagengast told WABC-TV that family and friends also learned about the story.
Then Nagengast said her other sister called to let her know Owen was still alive while she was meeting with a lawyer. “She called me on FaceTime, and my sister Denise is standing right next to my other sister.” He was alive and well, Nagengast said.
Jonathan D’Agostino, a personal injury lawyer, tells PEOPLE that the family “would not have been put through the emotional distress they were” because the police “were more diligent in following standard protocol in this matter.”
He also says that D’Agostino is now working with the “actual victim of this accident” and that he is not free to talk about any other details.
A statement from the police that was seen by PEOPLE said that “upon further investigation, a proper identification and subsequent family notification was made.”
They said, “We apologize for the unfortunate grief we may have caused.”