Attorney General James’ Office of Special Investigation Releases Report on Death of Daniel Rivera

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Daniel Rivera, who died on December 5, 2022 following an encounter with members of the New York City Police Department (NYPD) on December 4, 2022 in the Bronx. 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.

Shortly after midnight on December 4, NYPD officers were pursuing Mr. Rivera on foot near West 161st Street in the Bronx in relation to a nearby crime. Mr. Rivera crossed a foot bridge over the Major Deegan Expressway and fired a blank pistol at an officer, which is capable of creating a loud noise and muzzle flash but does not fire a bullet, before running into a wooded area alongside the road. The officer fired his service weapon in response. Officers entered the wooded area in search of Mr. Rivera and found him lying face down on the ground. As Mr. Rivera began to get up, officers saw what appeared to be a gun in his hand, pointed at the officers. Officers discharged their service weapons, striking Mr. Rivera. Mr. Rivera was transported to a local hospital, where he died from his injuries on December 5. Officers recovered two blank pistols 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, officers had exchanged fire with Mr. Rivera before he ran away, and when they found him again, Mr. Rivera was holding a gun in his hand and pointed it at the officers. 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. Rivera was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.