The Office of Special Investigation (OSI) within the New York Attorney General’s office recently issued a report regarding the death of Win Rozario, a Queens resident who was fatally shot by NYPD officers in March 2024. The OSI found that it is unlikely a prosecutor could prove beyond a reasonable doubt that the officers’ use of deadly force was unlawful under state law. As a result, criminal charges against the officers involved will not be pursued, according to the official report from the Attorney General’s office.
On the day of the incident, officers responded to a 911 call made by Rozario himself, reporting an individual acting erratically and possibly under the influence of drugs. Upon arriving, officers encountered Rozario, who was armed with a pair of scissors. A confrontation followed, and after attempts to disarm him with a Taser were unsuccessful, Rozario advanced toward the officers. They discharged their firearms five times after repeated commands to drop the scissors did not succeed. The encounter lasted approximately a minute and a half. Rozario was then handcuffed, received chest compressions from an officer, and was later pronounced dead at a local hospital.
The OSI’s investigation involved reviewing body-worn camera footage, ballistics and crime scene evidence, 911 call recordings, police radio dispatches, and conducting interviews with the involved officers and a medical examiner. The report concluded that, given Rozario’s actions and his noncompliance with the officers’ commands, the officers’ perception of a threat from the scissors could not be disproven, and their use of force was therefore considered justified under New York law.
As part of its review, the OSI examined the NYPD’s Crisis Intervention Training and the availability of mental health resources that officers could have potentially utilized. The investigation found that New York City did not have sufficient mental health services accessible to officers at the time. The Behavioral Health Emergency Assistance Response Division (B-HEARD), which deploys teams of paramedics and mental health professionals, was not available in Rozario’s precinct. Additionally, even if B-HEARD had been available, Rozario’s situation would not have qualified due to the reported substance use. The OSI recommended expanding the B-HEARD program to cover all precincts and to respond to a wider range of mental health crises, including those involving substance use.
The OSI also suggested additional legislative measures, including the passage of Daniel’s Law. This legislation would create a crisis response system made up of non-police emergency medical personnel, peers, and family members to respond to calls involving individuals experiencing mental health, alcohol use, or substance use crises. While the OSI does not handle NYPD’s internal disciplinary processes, a separate independent agency, the Civilian Complaint Review Board, is pursuing a disciplinary case against the officers who discharged their firearms in Rozario’s case.
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