New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of a minor, C.W., who died on November 15, 2023 after an encounter with a member of the New York State Police (NYSP) in Ontario County. Following a thorough investigation, which included review of body-worn camera footage, statements from involved officers, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law.
On the evening of November 15, a NYSP trooper went to a residence on State Route 64 in East Bloomfield to perform a welfare check following an anonymous report. When the trooper arrived at the residence, C.W.’s grandmother answered the door. When the trooper told her why he was there, she called for C.W. C.W. stepped outside with his hand in his pocket. When the trooper asked C.W. to take his hand out of his pocket, C.W. revealed a knife and advanced toward the trooper. In the ensuing struggle, the trooper and C.W. fell to the ground. C.W. got up and charged at the trooper with the knife, and the trooper fired his service weapon in response. C.W. was pronounced dead at the scene. Officers recovered a knife at the scene.
Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, C.W. charged at the officer with a knife. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of force to stop C.W. was justified, and therefore OSI determined that criminal charges should not be pursued in this matter.
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