Attorney General James’ Office of Special Investigation Releases Report on Death of Benjamin Rivers

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Benjamin Rivers, who died on August 3, 2023 after an encounter with members of the Niagara Falls Police Department (NFPD) in Niagara Falls. Following a thorough investigation, which included review of body-worn camera footage, interviews with involved officers and civilian witnesses, 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 against Mr. Rivers were justified under New York law. 

On the evening of August 3, two NFPD officers responded to a report of shots fired at 900 Niagara Avenue in Niagara Falls. When officers arrived, they encountered Mr. Rivers holding a gun and directed him to drop his weapon. Mr. Rivers did not comply and began walking toward an officer while still holding the gun. Mr. Rivers fired a shot at one of the officers, and both officers fired their service weapons at Mr. Rivers in response. Mr. Rivers was taken to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene. 

Under New York’s justification law, a police officer may use physical force to the extent they reasonably believe it to be necessary when arresting or attempting to arrest someone for a crime. The use of deadly physical force is justified under this law when the officer reasonably believes it to be necessary to defend themselves or another person. In this case, Mr. Rivers had allegedly been shooting a gun in public and then fired at an officer, putting both the officers and any bystanders in danger. 

Under these circumstances, based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of force to stop Mr. Rivers was justified, and therefore OSI determined that criminal charges could not be pursued in this matter.