New York Attorney General Letitia James’ Office of Special Investigation (OSI) released a report on the death of Michael Dotel, who died on December 23, 2023, following an encounter with New York City Police Department (NYPD) officers in the Bronx. The investigation included interviews with officers and civilian witnesses, review of body-worn camera footage, and comprehensive legal analysis. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officer’s actions were justified under New York law.
On the morning of December 23, NYPD officers responded to a 911 call reporting a violent, emotionally disturbed person at a residence in the Bronx. Upon arrival, officers found Mr. Dotel armed with a knife and holding a woman in a chokehold. Despite commands to drop the knife, Mr. Dotel did not comply. As the woman began to lose consciousness, an officer fired his service weapon at Mr. Dotel. He was taken to a local hospital where he was pronounced dead.
Under New York’s justification law, police officers may use deadly physical force to defend against deadly physical force by another person. In this case, Mr. Dotel was holding a woman in a chokehold and she appeared to lose consciousness when officers arrived.
Based on these circumstances and the evidence reviewed, OSI determined that criminal charges could not be pursued as it would not be possible for prosecutors to disprove beyond a reasonable doubt that the officer's use of deadly force was justified.