New York Attorney General Letitia James’ Office of Special Investigation (OSI) released a report today on the death of Kyle Lockett, who died on November 3, 2022, following an encounter with members of the New York City Police Department (NYPD) in the Bronx. The investigation included a review of security camera footage, interviews with involved officers, and comprehensive legal analysis. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers' actions against Mr. Lockett were justified under New York law.
On the morning of November 3, NYPD officers were conducting surveillance in an unmarked vehicle as part of an unrelated investigation at East Gun Hill Road and Hull Avenue in the Bronx. Mr. Lockett was inside a convenience store at 330 East Gun Hill Road when he was attacked by a man holding a knife who punched and stabbed him multiple times before fleeing towards his vehicle. Mr. Lockett, armed with a personal firearm, pursued the assailant while shooting at him.
NYPD officers identified themselves to Mr. Lockett, who did not drop his weapon. The officers then fired at Mr. Lockett as he turned and ran southbound down Hull Avenue away from them. The officers continued to shoot at Mr. Lockett, striking him four times. He was transported to a local hospital where he succumbed to his wounds. The man who had attacked Mr. Lockett received treatment for non-life-threatening injuries.
Under New York’s justification law, police officers may use physical force when they believe it necessary during an arrest or attempted arrest for a crime. Deadly physical force is justified if the officer reasonably believes it necessary to defend themselves or others from imminent harm. In this case, the officers used deadly force to protect themselves and bystanders from Mr. Lockett as he ran down the street firing his weapon.
Based on these circumstances and the evidence presented, OSI determined that criminal charges could not be pursued because it could not be proven beyond a reasonable doubt that the use of deadly force by the officers was unjustified.