Attorney General James’ Office of Special Investigation Issues Notification of Investigative Findings Regarding Investigation into the Death of Daevon Roberts

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) is today issuing a Notification of Investigative Findings regarding the investigation into the death of Daevon Roberts, who died on July 10, 2024 following an encounter with members of the Buffalo Police Department (BPD) in Buffalo. Upon completion of the investigation into Mr. Roberts’ death, OSI has concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly physical force was justified under the law. A final Investigation Report will follow.

About the Incident
Around midnight on July 10, two BPD officers driving in a marked patrol vehicle stopped a car that was speeding while driving westbound on Kensington Avenue in Buffalo. During the traffic stop, the officers attempted to obtain valid identification from the driver, Mr. Roberts. At one point, an officer opened the driver’s side door and asked Mr. Roberts to come over to the police car to help with the identification process. Mr. Roberts did not comply and instead put the car in drive and accelerated while the officer was holding the door, dragging the officer along with the car. The officer attempted to put his foot on the brake pedal, but Mr. Roberts kicked his foot and attempted to grab the officer’s gun. The officer fired his service weapon at Mr. Roberts in response, striking him. Mr. Roberts was transported to a local hospital, where he was later pronounced dead.

Incident Video and Map
The incident was captured on an officer’s body-worn camera.

Map of area where incident occurred with locations of events marked and labeled

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.

In cases where the evidence and legal analysis are clear and the investigation is complete, OSI may issue a Notification of Investigative Findings announcing the conclusion of the investigation. In such cases, OSI will issue the final Investigation Report, as required by law, at a later date.