New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of Todd Novick, who died on December 24, 2023, after an encounter with members of the Rochester Police Department in Rochester. Following a thorough investigation, which included a review of body-worn camera footage, interviews with involved officers and witnesses, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law.
On the morning of December 24, RPD officers responded to a 911 call reporting a man holding a handgun walking down Murray Street in Rochester. When the first officer responded to the scene, he encountered Mr. Novick, who matched the description of the man the caller provided, standing with two other individuals on Murray Street. As the second officer pulled up to the scene in his police vehicle, Mr. Novick began to walk away. The first officer asked Mr. Novick to wait, but Mr. Novick did not comply and began to run. The first officer pursued Mr. Novick on foot, and the second officer followed behind.
While pursuing Novick, the first officer saw Novick glance over his left shoulder at the officers and then remove what appeared to be a handgun from the waistband of his sweatpants and hold it out in his right hand. The first officer ordered Novick to stop and drop the gun, but he did not comply. The first officer discharged his service weapon in response, striking Novick, who was transported to a local hospital, where he was pronounced dead. Officers recovered a black replica handgun at the scene.
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, while the first officer was pursuing Novick, he saw Novick glance over his left shoulder at the officers and then remove what appeared to be a gun from his waistband. 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 officer’s use of deadly physical force against Mr. Novick was justified, and therefore OSI determined that criminal charges should not be pursued in this matter.
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