Attorney General James’ Office of Special Investigation Releases Report on Death of Daevon Roberts

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Daevon Roberts, who died on July 10, 2024 following an encounter with members of the Buffalo Police Department (BPD) in Buffalo. After a thorough investigation, which included review of footage from body-worn cameras, 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 officer’s actions were justified under New York law.

Around midnight on July 10, two BPD officers driving 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. When the officers were unable to immediately confirm Mr. Roberts’ license status, they returned to his vehicle, opened the driver’s side door, and asked Mr. Roberts to step out and accompany the officers to the patrol car to address the license verification issue. Mr. Roberts did not comply and instead put the car in drive and accelerated while one officer was holding the door, dragging the officer along with the car.

The officer held onto the car with his left hand gripping the door frame, his right hand on the roof, his right foot resting on the door, and his left foot suspended while he was dragged along the pavement as the car accelerated, at one point reaching a speed of 70 MPH. The officer repeatedly shouted at Mr. Roberts, “You’re going to kill me,” and “Stop!” followed by “I’ll get out.” The officer attempted to put his foot on the brake pedal, but Mr. Roberts kicked his foot. The officer then pulled out his gun, and Mr. Roberts removed his hands from the steering wheel and attempted to grab the officer’s gun. The officer fired his service weapon at Mr. Roberts, striking him. Mr. Roberts was transported to a local hospital, where he was later pronounced dead.

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, when officers attempted to address a license issue with Mr. Roberts, he put his car in drive and sped off, dragging an officer with him. The officer pleaded with Mr. Roberts to stop the car, but Mr. Roberts did not stop and attempted to grab the officer’s gun from his hand. 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 officer’s use of deadly physical force against Mr. Roberts was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.