Attorney General James Releases Footage from Investigation into Death of Mark Kelly

NEW YORK – New York Attorney General Letitia James today released police body-worn camera footage that her office obtained as part of its ongoing investigation into the death of Mark Kelly, who died on August 25, 2024 following an encounter with members of the New York City Police Department (NYPD) in Manhattan.

At approximately 12:33 a.m. on August 25, NYPD officers encountered Mr. Kelly, who was holding a gun outside of 1875 Third Avenue in East Harlem, Manhattan. During the ensuing interaction, NYPD officers discharged their service weapons, striking Mr. Kelly. Mr. Kelly was transferred to a local hospital where he was pronounced dead. Officers recovered a loaded gun at the scene.

The Office of Special Investigation (OSI) of the Attorney General’s Office released footage from body-worn cameras that officers were equipped with during the incident. The release of this footage follows Attorney General James’ directive that camera footage obtained by her office during an OSI investigation be released to the public to increase transparency and strengthen public trust in these matters.

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.

The release of this footage is not an expression of any opinion as to the guilt or innocence of any party in a criminal matter or any opinion as to how or whether any individual may be charged with a crime. 

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