New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report concerning the death of Todd Novick. The incident occurred on December 24, 2023, during an encounter with Rochester Police Department officers in Rochester.
The investigation included a review of body-worn camera footage, interviews with involved officers and witnesses, and 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 December 24, Rochester Police Department officers responded to a 911 call about a man holding a handgun on Murray Street. The first responding officer found Mr. Novick, who matched the description provided by the caller, standing with two other individuals. As another officer arrived in a police vehicle, Mr. Novick began walking away. When asked to wait by the first officer, Mr. Novick instead ran away.
During the pursuit, the first officer observed Mr. Novick glance over his shoulder and remove what appeared to be a handgun from his waistband, holding it in his right hand. Despite orders to stop and drop the gun, Mr. Novick did not comply. The officer then discharged his service weapon, striking Mr. Novick who was later pronounced dead at a local hospital. A black replica handgun was recovered at the scene.
Under New York's justification law, police may use deadly force if they reasonably believe it necessary to defend against deadly force from another person. In this situation, considering "the law and the evidence," OSI determined that criminal charges should not be pursued as it could not be disproven beyond reasonable doubt that the officer's actions were justified.