New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report on the death of Jermaine Hickson, who died on November 10, 2022, following an encounter with New York City Police Department (NYPD) officers in Brooklyn. The investigation involved reviewing body-worn camera footage, interviewing officers and civilian witnesses, and conducting a comprehensive legal analysis.
The report concluded that it would not be possible for a prosecutor to disprove beyond a reasonable doubt that the officers' actions were justified under New York law. On the evening of November 10, NYPD officers responded to an incident near Neptune Avenue and West 36th Street in Brooklyn after receiving multiple alerts about gunfire. Six officers arrived at the scene in three vehicles. Upon arrival, Mr. Hickson fired a gun at the officers as they exited their vehicle. In response, officers from each police vehicle discharged their weapons, striking Mr. Hickson, who was pronounced dead at the scene. A gun was recovered by the NYPD at the location.
According to New York's justification law, police officers may use deadly force if they reasonably believe it is necessary to defend against deadly force used by another person. In this situation, given that Mr. Hickson fired at them after reports of shots fired and a man with a gun, OSI determined that criminal charges would not be pursued against the officers involved.