The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of an individual who died on August 3, 2023 following an encounter with members of the Niagara Falls Police Department (NFPD).
On the evening of August 3, two NFPD officers responded to a report of shots fired at 900 Niagara Avenue. When officers arrived, they allegedly encountered the individual holding a gun and directed him to drop it. The individual allegedly refused to comply and fired his gun at the officers. The officers returned fire. The individual was taken to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene.
Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.
These are preliminary facts and subject to change.
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