New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Benjamin Rivers, who died on August 3, 2023, following an encounter with members of the Niagara Falls Police Department (NFPD) in Niagara Falls. The investigation included a review of body-worn camera footage, interviews with involved officers and civilian witnesses, 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. Rivers were justified under New York law.
On the evening of August 3, two NFPD officers responded to a report of shots fired at 900 Niagara Avenue in Niagara Falls. Upon arrival, they encountered Mr. Rivers holding a gun and directed him to drop his weapon. Mr. Rivers did not comply and began walking toward an officer while still holding the gun. He then fired a shot at one of the officers, prompting both officers to fire their service weapons at Mr. Rivers in response. Mr. Rivers was taken to a local hospital where he was pronounced dead, and officers recovered a gun at the scene.
Under New York’s justification law, police officers may use physical force if they reasonably believe it necessary when arresting or attempting to arrest someone for a crime. The use of deadly physical force is justified when an officer reasonably believes it necessary to defend themselves or another person. In this case, Mr. Rivers had allegedly been shooting a gun in public and then fired at an officer, putting both the officers and any bystanders in danger.
Based on these circumstances, the law, and the evidence, OSI determined that criminal charges could not be pursued as it would be impossible for a prosecutor to disprove beyond a reasonable doubt that the officers' use of force was justified.