A family is still reeling from learning that their loved one died in an accident and it wasn’t true.

Accordingly WABC-TVPolice told Sheila Nagengast that her sister, Denise Owen, 44, died after being hit by a car in Staten Island on Tuesday, October 31.

“They said, ‘I’m sorry to inform you, but your sister died fatally in a car accident,'” said Nagengast, who said his sister experienced homelessness from time to time and was diagnosed with schizophrenia. he added.

In a statement obtained by PEOPLE, a New York Police Department spokesperson said “during our initial investigation, the NYPD misidentified the victim of a fatal vehicle collision.”

Nagengast told WABC-TV that family members and friends also heard about the news as it spread.

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Later, while Nagengast was seeing a lawyer, she said her other sister called to say Owen was alive. “He FaceTimed me and my sister, Denise, is standing right in front of my (other) sister. She’s alive and well,” Nagengast said.

Personal injury attorney Jonathan D’Agostino told PEOPLE that the family “would have been spared emotional distress” had “the police been more diligent in following standard protocol in this matter.”

D’Agostino adds that he is currently working with the “real victim of this accident” but is not at liberty to discuss additional details.

In a statement obtained by PEOPLE, police said “following further investigation, appropriate identification was made and the family was subsequently notified.”

“We apologize for any unfortunate distress we may have caused,” they added.