Attorney General James’ Office of Special Investigation Releases Report on Death of Lahionel Ernesto Abreu Soto

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Lahionel Ernesto Abreu Soto, who died on August 17, 2025 following an encounter with an off-duty New York City Police Department (NYPD) officer in Manhattan. After a thorough investigation, which included interviews with involved officers and civilian witnesses, review of footage from nearby security cameras and an officer’s body-worn camera, 911 calls, and NYPD Crime Scene Unit reports, and comprehensive legal analysis, OSI determined 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.

At 9:47 p.m. on August 17, an off-duty NYPD officer was speaking with friends next to a double-parked car in front of 502 West 173rd Street when two mopeds drove past them, made a U-turn, and stopped next to the group. The moped drivers were dressed in black and wore black masks. One of the moped drivers, Mr. Soto, stepped off his moped, took a firearm from his waistband, and approached the officer. The officer removed his off-duty firearm from his waistband and fired at Mr. Soto. Mr. Soto retreated to the rear of the double-parked car, still pointing a gun at the officer. The officer went toward the rear of the car and fired at Mr. Soto again, striking him. Mr. Soto was taken to a local hospital where he was pronounced dead. Officers recovered a gun at the scene.

Under New York’s justification law, a person may use deadly physical force when the person reasonably believes it to be necessary to defend against the use of deadly physical force by another, or when he reasonably believes that someone is committing or attempting to commit a robbery. In this case, the off-duty officer was aware of recent gunpoint robberies by people on mopeds in the Washington Heights neighborhood. Mr. Soto and another moped driver were dressed in all black, wearing masks, and made an immediate U-turn after passing the officer and his friends. Mr. Soto then approached the off-duty officer with a gun, and the off-duty officer thought he was about to be robbed. 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. Soto was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.