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

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Daniel Legler, who died on August 6, 2023 after an encounter with a member of the New York State Police (NYSP) in Monroe County. Following a thorough investigation, which included review of body-worn camera footage, interviews with the involved trooper and a witness, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the trooper’s actions were justified under New York law.

At approximately 9:24 p.m. on August 6, a NYSP trooper was pursuing a vehicle traveling westbound on Interstate 490 in Rochester after the driver of the vehicle, Mr. Legler, refused to comply with an attempted traffic stop. Mr. Legler was driving on the left shoulder of the highway to pass other cars, and at some points, his speed appeared to reach up to or over 100 MPH, almost 50 MPH over the speed limit.

Later in the pursuit, Mr. Legler exited the highway at the exit for the Rochester Tech Park in Gates, which involves a sharp turn. Mr. Legler’s vehicle struck a guardrail and then hit a curb on the median near the intersection of Harek Road and Les Harrison Drive West, becoming airborne before landing in a nearby field. The trooper exited his vehicle and commanded Mr. Legler remain in his vehicle, but Mr. Legler did not comply. Once out of the car, Mr. Legler began reaching around his waistband and moved to the other side of the car, prompting the trooper to command him to show his hands. Mr. Legler again refused to comply. 

The trooper asked Mr. Legler to turn around to be placed under arrest. Mr. Legler then stumbled backward to the ground and a physical struggle ensued as the trooper attempted to place Mr. Legler in handcuffs. During the struggle, the trooper heard a shot fired and backed away from Mr. Legler. The trooper then saw a gun in Mr. Legler’s hand and discharged his service weapon in response. The trooper commanded Mr. Legler to remain on the ground, but Mr. Legler attempted to stand up and the trooper discharged his service weapon, striking Mr. Legler. Mr. Legler was pronounced dead at the scene. Officers recovered a gun 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, the trooper heard a shot ring out and saw a gun in Mr. Legler’s hand. 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 trooper’s use of deadly physical force against Mr. Legler was justified, and therefore OSI determined that criminal charges should not be pursued in this matter.