New York's Attorney General, Letitia James, announced today that the Office of Special Investigation (OSI) has completed its report regarding the death of David Clements. The incident occurred on February 2, 2024, in Massapequa, following an interaction with the Nassau County Police Department (NCPD).
After a detailed investigation, OSI determined that a prosecutor would not be able to refute beyond a reasonable doubt that the involved officer's actions were justified under New York law. The investigation involved reviewing body camera footage, 911 call audio, and conducting interviews with witnesses and an involved officer.
On the evening of February 2, NCPD officers responded to emergency calls reporting a suicidal individual with a firearm at a residence on Stone Boulevard. Officers reported hearing the sound of a firearm being cocked, leading them to retreat. Mr. Clements emerged from the house holding what appeared to be two pistols, one pointed at law enforcement officers and the other at his own head, before briefly re-entering the home. Upon returning outside, he held a third pistol with a mounted flashlight, which he directed at the officers while ignoring commands to disarm.
Mr. Clements advanced towards the officers with the weapon aimed at them, prompting an officer to discharge his firearm, resulting in Mr. Clements' death on the scene. The police later identified the weapons as BB guns that mimicked real firearms.
New York law permits police officers to use lethal force when they reasonably believe it is necessary to protect themselves against the threat of deadly force from another person. Given the report and the legal parameters, OSI concluded that the officer's use of force was justified, indicating that criminal charges will not be filed.