New York – In a shocking turn of events, the Office of Special Investigation (OSI) under New York Attorney General Letitia James has released its findings on the tragic death of Daniel Rivera. Rivera was shot and killed by NYPD officers following an incident in the Bronx on December 4, 2022.
The OSI report indicates that a thorough investigation, including body-worn camera footage review and interviews with involved officers, concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified under New York law. According to the report, Rivera had exchanged fire with officers before fleeing into a wooded area.
Just after midnight on December 4, NYPD officers pursued Rivera near West 161st Street. During the chase, Rivera fired a blank pistol at an officer, then ran. Officers later found him lying face down, with what appeared to be a gun in his hand pointed at them. They responded with deadly force, which ultimately led to Rivera’s death on December 5.
Under New York’s justification law, officers may use deadly physical force if they reasonably believe it necessary to defend against the use of deadly physical force by another. The OSI determined that given the circumstances and the evidence, criminal charges would not be pursued.
The recovered blank pistols at the scene further supported the officers’ claims that Rivera had been in possession of a firearm. This conclusion was consistent with the law and the evidence available to the OSI, leading to their decision not to pursue any criminal charges against the officers involved in the shooting.
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Key Facts
- State: New York
- Agency: NY AG
- Category: Public Corruption|Weapons|Organized Crime
- Source: Official Source ↗
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