Attorney General James’ Office of Special Investigation Releases Report on Death of Joel Capellan

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Joel Capellan, who died on October 16, 2022 after an encounter with members of the New York City Police Department (NYPD) in Manhattan. Following a thorough investigation, which included review of body-worn camera footage and security camera footage from nearby buildings, interviews with involved officers and 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 were justified under New York law. 

During the early morning hours of October 16, four NYPD officers were driving in an unmarked car in Manhattan’s Washington Heights and Inwood neighborhoods to patrol the area’s nightclubs at closing time. At the same time, a fight broke out among several people at the corner of Dyckman Street and Nagle Avenue after a man punched another man in the face. Mr. Capellan, after taking a gun out from his waistband, approached the individual who threw the punch and struck the individual in the head with his left hand while holding the gun. Medical and ballistics evidence indicates that Mr. Capellan had fired his gun at that moment and inflicted a graze wound on the man he struck. A physical fight then broke out among Mr. Capellan and several other people and spilled into the street.

The NYPD officers who had been patrolling the area arrived on the scene as most of the people dispersed. Mr. Capellan continued to wrestle with someone on the ground. As officers exited their vehicle, three of them said they heard a gunshot. All four officers saw Mr. Capellan with the gun still in his left hand while fighting another man. The officers repeatedly shouted at Mr. Capellan to drop the gun, but instead he began to rise off the ground while holding the gun in his left hand. All four officers discharged their service weapons, striking Mr. Capellan. Mr. Capellan was transported 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 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, Mr. Capellan continued to hold the gun after the officers, having heard a gunshot, repeatedly shouted at him to drop it. 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’ use of deadly physical force against Mr. Capellan was justified, and therefore OSI determined that criminal charges should not be pursued in this matter.