New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report on the death of Daniel Rivera, who died following an encounter with New York City Police Department officers in December 2022. The investigation included reviewing body-worn camera footage, interviewing involved officers, and conducting a comprehensive legal analysis.
The incident occurred shortly after midnight on December 4, 2022, when NYPD officers pursued Mr. Rivera near West 161st Street in the Bronx due to a nearby crime. During the pursuit, Mr. Rivera fired a blank pistol at an officer before fleeing into a wooded area. In response, the officer discharged his service weapon.
Officers later found Mr. Rivera lying face down in the wooded area. As he began to rise, officers observed what appeared to be a gun pointed at them and subsequently discharged their weapons, striking him. Mr. Rivera was taken to a hospital where he succumbed to his injuries on December 5. Two blank pistols were recovered at the scene.
According to New York's justification law, police officers may use deadly force if they reasonably believe it necessary for defense against deadly physical force by another person. Given that Mr. Rivera had exchanged fire with officers and was holding what appeared to be a gun when confronted again, OSI concluded that criminal charges would not be pursued as "a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions were justified under New York law."