Attorney General’s Office of Special Investigation Opens Investigation Into Civilian Death in New York

NEW YORK – The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of Joel Capellan, who died on October 16, 2022, following an encounter with members of the New York City Police Department (NYPD). 

In the early morning hours of October 16, NYPD officers on patrol near Nagle Avenue and Dyckman Street in Inwood allegedly observed Mr. Capellan holding a gun and directed him to drop it. Mr. Capellan allegedly failed to comply, and the officers fired their weapons. Mr. Capellan was then taken to a local hospital, where he was pronounced dead. The NYPD recovered a gun at the scene.

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer caused the death, OSI proceeds to conduct a full investigation of the incident.

These are preliminary facts and subject to change.