Attorney General James’ Office of Special Investigation Releases Report on Death of Kyle Lockett

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Kyle Lockett, who died on November 3, 2022 after an encounter with members of the New York City Police Department (NYPD) in the Bronx. Following a thorough investigation, including review of nearby security camera footage, interviews with involved officers, 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. Lockett were justified under New York law. 

On the morning of November 3, NYPD officers were conducting surveillance in an unmarked vehicle as part of an unrelated investigation on the corner of East Gun Hill Road and Hull Avenue in the Bronx. Mr. Lockett was inside a convenience store at 330 East Gun Hill Road. A man, holding a knife, entered the convenience store, punched Mr. Lockett in the face, and stabbed Mr. Lockett multiple times. The man then ran out of the store toward his vehicle. Mr. Lockett, armed with a personal firearm, got up and followed the man out of the store while shooting at him.

Seeing this, the NYPD officers got out of their vehicle and made their presence known to Mr. Lockett, who did not drop his weapon. The officers then fired at Mr. Lockett, who turned and ran southbound down Hull Avenue away from the officers. The officers continued to shoot at Mr. Lockett, striking him four times. Mr. Lockett was transported to a local hospital where he died from his wounds. The man who had stabbed Mr. Lockett was treated at a local hospital and did not sustain life-threatening injuries.

Under New York’s justification law, a police officer may use physical force to the extent they believe 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, the officers used deadly force, firing their service weapons, in order to protect themselves and any bystanders from Mr. Lockett, who was running down the street and firing his own weapon. 

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 deadly force was justified, and as a result, OSI determined that criminal charges could not be pursued in this matter.