New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Joel Capellan, who died on October 16, 2022, following an encounter with members of the New York City Police Department (NYPD) in Manhattan. The investigation included a review of body-worn camera footage and security camera footage from nearby buildings, interviews with involved officers and 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 were justified under New York law.
During the early morning hours of October 16, four NYPD officers were patrolling in an unmarked car in Manhattan’s Washington Heights and Inwood neighborhoods near nightclubs at closing time. A fight broke out among several people at the corner of Dyckman Street and Nagle Avenue after one man punched another. Mr. Capellan then took a gun from his waistband, approached the individual who threw the punch, and struck him in the head while holding the gun. Medical and ballistics evidence indicates that Mr. Capellan fired his gun at that moment, causing a graze wound on the man he struck. A physical altercation ensued involving Mr. Capellan and several others, spilling into the street.
The NYPD officers arrived as most people dispersed, but Mr. Capellan continued wrestling with someone on the ground. As officers exited their vehicle, three reported hearing a gunshot. All four saw Mr. Capellan holding a gun in his left hand while fighting another man. Despite repeated commands to drop the weapon, Mr. Capellan began to rise off the ground still holding it. All four officers discharged their service weapons, striking Mr. Capellan, who was later pronounced dead at a local hospital. Officers recovered a gun at the scene.
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 person. Given that Mr. Capellan continued to hold his gun after officers heard a gunshot and repeatedly commanded him to drop it, OSI determined that criminal charges should not be pursued as a prosecutor could not disprove beyond a reasonable doubt that the officers' use of deadly force was justified.