New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report concerning the deaths of Dhal Apet and Lueth Mo. The incident occurred on September 6, 2023, during an encounter with an Onondaga County Sheriff's Office (OCSO) deputy in DeWitt, Onondaga County.
The OSI conducted a comprehensive investigation that included reviewing home security footage, analyzing 911 calls, interviewing witnesses, examining ballistic and trace evidence, enhancing video footage, consulting experts in shooting reconstruction and use of force, and performing legal analysis. The conclusion was that it would be challenging for a prosecutor to disprove beyond a reasonable doubt that the officer's actions were justified under New York law.
The incident began when an OCSO deputy responded to a 911 call reporting "suspicious activity" involving individuals moving objects between parked cars in a residential parking lot. This call was related to an earlier burglary investigation nearby. Upon arrival at the scene, one car fled while the deputy blocked another vehicle with his patrol car. Inside were Mr. Mo in the front passenger seat and Mr. Apet in the back seat.
As the deputy exited his vehicle, the car containing Mr. Apet and Mr. Mo reversed before driving forward toward him. In response, the deputy fired three shots into the moving vehicle. The car later stopped on Mooney Avenue in Syracuse where Mr. Apet was found dead at the scene; Mr. Mo died shortly after being transported to a hospital.
According to New York’s justification law, police officers can use deadly force if they reasonably believe it necessary to defend against deadly physical force by another party. Justification serves as a defense against criminal charges requiring prosecutors to disprove it beyond reasonable doubt at trial.
In this case, given that the car was suspected of involvement in burglary and appeared to drive toward the deputy who stood near its path, OSI concluded there wasn't sufficient evidence for prosecution based on enhanced video analysis and expert consultations regarding both vehicular pathing and use-of-force standards.
The OSI recommends equipping OCSO—and all police agencies—with body-worn cameras for officers along with dashboard cameras for vehicles. Additionally suggested are policies ensuring such interactions are recorded aiding future investigations similar to this one.