Attorney General James’ Office of Special Investigation Releases Report on Death of Rakim Tillery
NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Rakim Tillery, who died on January 3, 2024 following an encounter with the New York State Police (NYSP) in Ramapo, Rockland County. Following a thorough investigation, which included interviews with witnesses, review of home and body-worn camera footage, 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.
At approximately 2:53 p.m. on January 3, two NYSP troopers pulled over a car on the New York State Thruway based on a report about an incident that had taken place earlier the same day in Albany. The troopers were in two separate marked police vehicles, with their turret lights activated. The first trooper pulled over behind the car, and the second trooper pulled over behind the first trooper’s vehicle. As the troopers were getting out of their vehicles, the driver of the car, Mr. Tillery, was already out of his vehicle, armed with a firearm, and discharged his weapon at the troopers. One trooper discharged his service weapon in response, and Mr. Tillery fell to the ground. As the trooper approached Mr. Tillery, he got up, and a struggle ensued. Mr. Tillery grabbed for the trooper’s gun, and the second trooper discharged his service weapon three times, striking Mr. Tillery.
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, the troopers had reason to believe Mr. Tillery had been involved in an earlier incident in Albany and had reason to stop Mr. Tillery based on the radio dispatch. When the troopers encountered Mr. Tillery, he discharged a firearm at officers and engaged in a struggle with one trooper, attempting to grab his service weapon. 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. Tillery was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.