NY AG OSI Clears Officer in Alan Weber Death

New York – The Office of Special Investigation (OSI) under Attorney General Letitia James has released its findings on the tragic death of Alan Weber, who perished following an encounter with Suffolk County Police Department (SCPD) officers in East Northport last October. The OSI concluded that a prosecution would not succeed in proving beyond a reasonable doubt that the officer’s use of deadly force was unjustified.

On October 10, 2023, SCPD officers were dispatched to a residence after reports of a man breaking items and shouting inside his home. Upon arrival, they encountered Weber at the window, who refused to comply with orders to open the door. Officers later found Weber armed with two fencing swords in the basement. Despite warnings to drop the weapons, Weber advanced towards the officers, prompting an officer to deploy a taser, which failed to subdue him. The other officer then discharged his service weapon, resulting in Weber’s death. Weapons were recovered at the scene.

Under New York law, deadly force may be used by police when reasonably believed necessary to defend against another’s use of deadly physical force. Given the circumstances and evidence, OSI determined that a prosecution would not disprove the justification for the officer’s actions. However, OSI also highlighted SCPD’s Crisis Intervention Training (CIT) program and recommended its mandatory completion for all officers. It further suggested that responding officers assess the immediate danger level before deploying force, recommending the involvement of Emergency Services Unit or mobile crisis response teams when appropriate.

In light of this case, OSI acknowledges that a civilian mobile crisis team would not have been safe to engage with Weber under the circumstances. The report serves as a stark reminder of the complexities involved in law enforcement encounters and the importance of proper training and support for officers and civilians alike.

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