Attorney General James’ Office of Special Investigation Releases Report on Death of Azer Ben Zitun

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Azer Ben Zitun, who died on August 5, 2023 after an encounter with members of the New York City Police Department (NYPD) on August 4, 2023. Following a thorough investigation, which included review of body-worn camera footage, interviews with 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 officers’ actions were justified under New York law. 

On the evening of August 4, four NYPD officers responded to multiple 911 calls reporting a person experiencing a violent mental health crisis at a residence on Roosevelt Island. When the officers arrived at the scene at 11:52 p.m., they encountered Mr. Ben Zitun’s father and brother, who said that Mr. Ben Zitun had threatened them with a knife. Mr. Ben Zitun’s brother and father informed the officers that Mr. Ben Zitun was still inside the apartment and gave the officers the keys. Three officers got into one of the two elevators in the lobby to go up to the apartment, while the fourth officer was attempting to prop open the lobby door. 

At the same time, Mr. Ben Zitun was riding in the second elevator down to the lobby. Before the officers’ elevator door closed, Mr. Ben Zitun exited the second elevator, with a knife in his hand, and approached the fourth officer who remained in the lobby. Mr. Ben Zitun swung the knife at the fourth officer who blocked the blow with his arm. Mr. Ben Zitun then turned and began walking towards the elevator the other three officers were in, with the knife in his right hand. One officer attempted to fire her taser, which did not deploy, and as Mr. Ben Zitun approached her, the officer attempted to push him away by pushing the taser into his chest. The other two officers in the elevator discharged their service weapons, striking Mr. Ben Zitun. Mr. Ben Zitun was transported to a local hospital, where he was pronounced dead at 12:28 a.m. on August 5, 2023. 

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, officers saw Mr. Ben Zitun swing at one officer with a knife and then approach the remaining officers in the elevator with a knife in his hand. 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 officers’ use of deadly physical force against Mr. Ben Zitun was justified, and therefore OSI determined that criminal charges should not be pursued in this matter.