The New York Attorney General's Office of Special Investigation has reached a determination in the case concerning the death of Emilson Joan Ordoñez-Banegas, announcing that the use of force by Suffolk County Police is not likely to be disproved as unjustified in a court of law, following an encounter that led to Mr. Ordoñez-Banegas' death on July 13. The notice, detailed on Attorney General's Office website, points out that further documentation in the form of a final Investigation Report is forthcoming.
The sequence of events that unfolded in Centereach, Suffolk County began with an early morning 911 call about an assault behind a local delicatessen, when a man was found with injuries from a knife attack and while medical help was being rendered, Mr. Ordoñez-Banegas emerged from nearby woods and attempted to attack again; the responding officer subsequently fired his weapon resulting in Mr. Ordoñez-Banegas' death, a knife was also recovered from the scene. The Attorney General's Office stated, "Upon completion of the investigation into Mr. Ordoñez-Banegas’ death, OSI has concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly physical force was justified under the law."
The inquiry into the officer's action is in adherence with New York State Executive Law Section 70-b, with OSI mandated to investigate any incident where it's possible that a law enforcement officer's act or omission might have resulted in a fatality, the law covers on-duty as well as off-duty incidents and it does not discriminate whether the deceased was armed or unarmed, nor does it consider the person's custodial status. The body-worn camera footage from the officers present who responded to the scene has reportedly captured the entire incident.
In situations where evidence and legal standards are deemed clear-cut and the investigation reaches a conclusion it brings about an official Notification of Investigative Findings as in the case of Mr. Ordoñez-Banegas', and although the initial announcement does not offer finality it does, however, indicate the end of one phase and the OSI ensures that the final Investigation Report is issued later as mandated, according to the Attorney General's Office. Details on when the final report will be available have not yet been disclosed.
