October 4, 2023


The New York attorney general has opened an investigation into the death of a 78-year-old man who was shot by police this week after officers responded to 911 calls for a burglary at his apartment, the office said Saturday.

Officers with the New York Police Department responded to a 911 call reporting a burglary shortly after 1:00 p.m. Thursday, a NYPD spokesperson told CNN. The caller said his elderly uncle was inside and someone was attempting to break into the apartment, NYPD Chief of Patrol Jeffrey Maddrey said at a news conference.

Two uniformed officers responded to the 911 call at the Brooklyn apartment and entered the building with their sidearms holstered before proceeding upstairs, Maddrey said. Officers then knocked on the door with their weapons still holstered. A man partially opened the door with his body turned to the side and his left hand down the side of his body, Maddrey said.

As the man showed his firearm, the two officers yelled, “No!” after which they discharged their weapons at the 78-year-old man and dived to the floor, Maddrey said.

After striking the man multiple times in the body, both officers then began performing CPR and other life-saving measures until EMS and other first units arrived on scene, Maddrey said. The man was taken to a hospital where he later died, Maddrey said. The officers, he added, were also taken to a hospital where they were treated for tinnitus and minor injuries sustained from diving to the ground.

“The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of an individual, who was shot by two members of the New York City Police Department (NYPD) at 330 Lewis Avenue in Brooklyn on April 13, 2023,” reads a statement by New York State Attorney General Letitia James.

The man who died has not yet been publicly named by police.

It’s unclear whether the 78-year-old man was attempting to defend himself, Maddrey said. It doesn’t appear there was a robbery, the chief of patrol said, adding that police are still investigating the scene at the apartment.

Police believe the man was the uncle mentioned by the caller in the 911 call, as well as both the homeowner and the person who lived in the home, Maddrey said.


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