Attorney General James’ Office of Special Investigation Releases Report on Death of Brian Czornyj

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Brian Czornyj, who died on June 5, 2025 following an encounter with members of the Town of Poughkeepsie Police Department (TPPD) in Dutchess County. After a thorough investigation, which included interviews with involved officers and civilian witnesses, review of body-worn camera footage, 911 calls, and TPPD records, 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.

On the afternoon of June 5, TPPD officers went to a house in Poughkeepsie in response to a 911 call reporting that Mr. Czornyj was armed with a sword and had struck his father and a member of a mobile crisis team from Mental Health America (MHA) of Dutchess County. The MHA team had responded to a call for assistance earlier in the day. When officers entered the house, they saw Mr. Czornyj holding a sword by its grip while his father was holding the same sword by the blade. At least one of the officers repeatedly ordered Mr. Czornyj to drop the sword and said he would shoot, but Mr. Czornyj did not comply. The officer discharged his service weapon, striking Mr. Czornyj. Mr. Czornyj was transported to a local hospital, where he was pronounced dead. Officers recovered a Samurai sword 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. In this case, officers responded to a 911 call reporting that Mr. Czornyj was armed with a sword and had injured his father and a member of the MHA team. When officers encountered Mr. Czornyj, he had the sword in his hand and ignored repeated commands to drop the 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 officer’s use of deadly physical force against Mr. Czornyj was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.