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Friday, November 15, 2024

Attorney General releases report on civilian death involving state police in Ontario County

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Attorney General Letitia James | Ballotpedia

New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of a minor, C.W., who died on November 15, 2023, following an encounter with a New York State Police (NYSP) officer in Ontario County. The investigation included a review of body-worn camera footage, statements from 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 officer’s actions were justified under New York law.

On the evening of November 15, a NYSP trooper arrived at a residence on State Route 64 in East Bloomfield to perform a welfare check following an anonymous report. When the trooper arrived, C.W.’s grandmother answered the door. After explaining his presence, she called for C.W., who stepped outside with his hand in his pocket. When asked to remove his hand from his pocket, C.W. revealed a knife and advanced toward the trooper. In the ensuing struggle, both fell to the ground before C.W. got up and charged at the trooper with the knife, prompting the trooper to fire his service weapon. C.W. was pronounced dead at the scene, and officers recovered a knife.

Under New York’s justification law, police officers may use deadly physical force when they reasonably believe it necessary to defend against deadly physical force by another individual. Given that C.W. charged at the officer with a knife, OSI determined that criminal charges should not be pursued as it could not be disproven beyond a reasonable doubt that the officer's use of force was justified.

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