New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of Azer Ben Zitun. Mr. Ben Zitun died on August 5, 2023, following an encounter with members of the New York City Police Department (NYPD) on August 4, 2023. The investigation included a review of body-worn camera footage, interviews with involved officers, and comprehensive legal analysis.
The 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.
On August 4, four NYPD officers responded to multiple 911 calls reporting a person experiencing a violent mental health crisis at a residence on Roosevelt Island. When the officers arrived at 11:52 p.m., they encountered Mr. Ben Zitun’s father and brother, who said that Mr. Ben Zitun had threatened them with a knife. The family informed the officers that Mr. Ben Zitun was still inside the apartment and provided keys to access it.
Three officers entered one elevator in the lobby while the fourth officer attempted to prop open the lobby door. Meanwhile, Mr. Ben Zitun was descending in another elevator to the lobby with a knife in his hand. As he exited his elevator, he approached and swung the knife at the fourth officer who blocked it with his arm.
Mr. Ben Zitun then moved towards the other three officers in their elevator while holding the knife. One officer's taser did not deploy as she attempted to use it against him and pushed him away by pressing it into his chest. Subsequently, two other officers discharged their service weapons, striking Mr. Ben Zitun.
Mr. Ben Zitun was transported to a local hospital where he was pronounced dead at 12:28 a.m., August 5, 2023.
According to New York's justification law, police officers may use deadly physical force when they reasonably believe it necessary to defend against deadly physical force used by another person. In this case, given that Mr. Ben Zitun swung at one officer with a knife and approached others similarly armed, OSI determined that criminal charges should not be pursued since their actions were deemed justified based on available evidence.