Attorney General James’ Office of Special Investigation Releases Report on the Death of Woody Smith

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Woody Smith, who died on October 13, 2023, after an encounter with members of the Troy Police Department (TPD). Following a thorough investigation, which included reviews of police body-worn camera footage, interviews with civilian witnesses, and comprehensive legal analysis, OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt that the officers’ use of force against Mr. Smith caused his death, and therefore criminal charges would not be pursued in this matter.

On the afternoon of October 13, two TPD officers responded to a report of someone trespassing at a residence in Troy. As the officers were investigating, they saw Mr. Smith climbing out of a first-floor window. The officers, with their guns drawn, repeatedly ordered Mr. Smith to get on the ground. A struggle ensued as the officers attempted to place Mr. Smith in handcuffs. During the struggle, which lasted just over a minute, Mr. Smith said he could not breathe. Once Mr. Smith was handcuffed, the officers rolled him onto his side, and he became unresponsive. The officers rendered first aid until EMS arrived. Mr. Smith was taken to a local hospital, where he was pronounced dead. The medical examiner found that Mr. Smith had died from the combined effects of acute drug intoxication, his pre-existing health conditions, and his exertion during the struggle with the officers. The medical examiner found no evidence of asphyxia, and after viewing the body-worn camera videos, found no reason to believe that the officers’ actions in restraining Mr. Smith would have caused his death.

Under New York’s justification law, a police officer may use physical force to the extent they reasonably believe it to be necessary when arresting or attempting to arrest someone for a crime. In this case, the evidence shows that there was cause for the officers to have reasonably believed that Mr. Smith had committed an offense. A 911 caller had reported an intruder and when officers arrived at the residence, they knocked on the door, announced themselves, and then saw Mr. Smith climbing out a window on the opposite side of the house. At that point, the officers had reasonable cause to believe that Mr. Smith had committed an offense and therefore were legally permitted to arrest him and to use force, if necessary, to effect the arrest.

While the struggle between the officers and Mr. Smith may have contributed to his death, given the evidence, OSI concludes that there is insufficient proof that the officers caused Mr. Smith’s death.