BROOKLYN, NY – A hail of bullets on Neptune Avenue left Jermaine Hickson dead on November 10, 2022, and now, nearly two and a half years later, New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released a report clearing the six New York City Police Department (NYPD) officers involved. The report, released today, concludes that a prosecutor couldn’t prove the officers’ actions weren’t justified, effectively ending any potential criminal charges.
The incident unfolded after a flurry of alerts flooded 911: a ShotSpotter notification, a frantic call reporting a man brandishing a firearm, and a radio dispatch indicating shots had been fired. Six NYPD officers in three separate patrol cars raced to the intersection of Neptune Avenue and West 36th Street. What they found wasn’t a misunderstanding, but a direct threat.
According to the OSI report, as the first marked patrol car arrived, Jermaine Hickson immediately opened fire on the approaching officers as they attempted to exit their vehicle. The officers responded with their own service weapons, striking Hickson. He was pronounced dead at the scene. A firearm was recovered, confirming the initial reports. The report details a meticulous review of body-worn camera footage, interviews with the responding officers, and statements from civilian witnesses.
New York law allows officers to use deadly force when they reasonably believe it’s necessary to defend against a deadly threat. Given the circumstances – responding to reports of gunfire and a man with a gun, then being actively fired upon – OSI determined that a prosecutor wouldn’t be able to disprove the justification for the officers’ actions “beyond a reasonable doubt.” That’s the legal bar, and in this case, the report states it wasn’t cleared.
“This was a volatile situation, a clear and present danger to our officers and potentially to the public,” a source close to the investigation told Grimy Times. “The officers acted decisively, and the evidence supports their actions. While any loss of life is tragic, the report is clear: they were defending themselves.”
The full OSI report is available to the public, detailing the timeline of events and the evidence considered. While the legal case is closed, the shooting will undoubtedly spark further debate about police use of force and the role of technology like ShotSpotter in escalating encounters. For now, the officers involved will not face criminal charges in the death of Jermaine Hickson.
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Key Facts
- State: New York
- Agency: NY AG
- Category: Violent Crime
- Source: Official Source ↗
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