Attorney General James’ Office of Special Investigation Releases Report on Death of Billy Lee

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Billy Lee, who died on May 13, 2022 after an encounter with members of the New York City Police Department (NYPD) in the Bronx. Following a thorough investigation, which included review of NYPD pole camera footage, security camera footage from inside a nearby deli and outside neighboring buildings, interviews with involved officers and a civilian witness, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions against Mr. Lee were justified under New York law. 

On the evening of May 13, NYPD officers were working on an unrelated investigation in the Hunts Point neighborhood of the Bronx where Mr. Lee’s vehicle was parked at the corner of Hunts Point Avenue and Seneca Avenue. Mr. Lee got out of his vehicle, armed with what appeared to be a gun. The object was visible in his right hand as he headed in the direction of the Hunts Point Deli Grocery. NYPD officers saw Mr. Lee with the apparent gun in his hand and demanded that he drop the weapon. Mr. Lee did not comply and fired his weapon at one of the NYPD officers. The NYPD officers fired back in response, striking Mr. Lee. Mr. Lee was taken to a local hospital where he was pronounced dead. A pellet gun was recovered at the scene. 

Under New York’s justification law, a police officer may use physical force to the extent they reasonably believe it to be necessary when arresting or attempting to arrest someone for a crime. The use of deadly physical force is justified under this law when the officer reasonably believes it to be necessary to defend themselves or another person from deadly physical force. In this case, Mr. Lee had been holding what appeared to be a gun in public and then fired the weapon at an officer, putting both the officers and any bystanders in danger. 

Under these circumstances, based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of force to stop Mr. Lee was justified, and therefore OSI determined that criminal charges could not be pursued in this matter.