Attorney General James’ Office of Special Investigation Releases Report on Death of Jermaine Hickson

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Jermaine Hickson, who died on November 10, 2022, following an encounter with members of the New York City Police Department (NYPD) in Brooklyn. After a thorough investigation, which included review of body-worn camera footage, interviews with involved officers and civilian 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.

On the evening of November 10, NYPD officers responded to an incident near the intersection of Neptune Avenue and West 36th Street in Brooklyn after receiving a ShotSpotter alert, a 911 call reporting a man with a gun, and a police radio call reporting shots fired. Six NYPD officers responded to the intersection in three separate vehicles. When the first marked patrol car arrived, Mr. Hickson fired a gun in the direction of officers as they attempted to get out of the vehicle. Officers from each of the responding police vehicles discharged their service weapons in response, striking Mr. Hickson. Mr. Hickson was pronounced dead at the scene. The NYPD 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, officers were responding to a report of a man with a gun and shots fired. When officers encountered Mr. Hickson, he fired at them. 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. Hickson was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.