Attorney General James’ Office of Special Investigation Releases Report on Death of David Litts

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of David Litts in Utica, Oneida County. Following a thorough investigation, which included review of footage from body-worn cameras, interviews with witnesses, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers who shot Mr. Litts were justified. In the report released today, OSI recommends that the Utica Police Department (UPD) provide annual training to its officers on the use of "less than lethal” measures, such as shotguns with rubber bullets.

On the evening of September 12, 2022, officers with UPD responded to a residence on Neilson Street in Utica after Mr. Litts called 911 and reported that he was armed, suicidal, and had been harming his wife. When officers arrived, they instructed Mr. Litts, who was upset and yelling that he had multiple firearms and a grenade, to come outside with his hands up. Mr. Litts emerged with a knife in his hand and threatened the officers.

When Mr. Litts’ wife arrived, officers again urged Mr. Litts to drop the knife, but he refused to comply. Mr. Litts then raised the knife and advanced toward two officers who were stationed across the street from Mr. Litts’ house. The officers retreated and repeatedly told Mr. Litts to drop his weapon, but Mr. Litts ignored their commands and continued to approach with the knife raised until he was just a few feet from the officers. Officers fired their service weapons in response, striking Mr. Litts. Mr. Litts was transported to a local hospital, where he was pronounced dead. Officers recovered a knife at the scene.

Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another person. When the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt.

In this case, Mr. Litts had told the police that he had multiple weapons in his home in addition to the knife that he was wielding. Despite repeated attempts to speak with Mr. Litts, deescalate the situation, and ask that he drop the weapon, Mr. Litts continued to threaten the officers and advance toward them with the knife raised. 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 who fired were justified, and OSI determined that criminal charges could not be pursued against the officers.

At the time of the incident, UPD officers had a “less than lethal” shotgun, which fires rubber bullets, available in a supervisor’s patrol car. Although supervisors on scene requested that the “less than lethal” shotgun be retrieved, no officer did. OSI recommends that UPD officers receive annual training on the proper protocol and use cases of “less than lethal” measures, including shotguns with rubber bullets.