The Office of Special Investigation (OSI) within the New York Attorney General’s office announced on Apr. 3 its findings regarding the June 18, 2025 death of Mark Bemis after an encounter with Chautauqua County Sheriff’s Office deputies. The OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force was justified under state law. A final Investigation Report is expected to follow.
The announcement is significant as it addresses public concerns about police conduct and accountability in incidents involving use of force. The OSI reviews such cases to determine if criminal charges are warranted when a person dies following an interaction with law enforcement.
According to details released by the Attorney General’s office, two deputies responded to Mr. Bemis’ residence after a 911 call reported a domestic dispute. Upon arrival, one deputy encountered Mr. Bemis in his garage holding a shotgun and instructed him to drop his weapon. Mr. Bemis fired into the air, prompting the deputy to take cover behind a tree while continuing verbal commands for several minutes. When another deputy arrived, both took cover as Mr. Bemis pointed his gun toward them and refused repeated commands to lower it. An exchange of gunfire ensued during which one deputy was shot in the hand before both deputies fired again, fatally striking Mr. Bemis at the scene.
The incident was recorded on body-worn cameras worn by both deputies, according to information provided by OSI.
Under New York State Executive Law Section 70-b, every incident where police or peace officers may have caused someone’s death is assessed by OSI regardless of whether those involved were armed or unarmed or if they were in custody at the time.
Letitia James heads the New York Attorney General’s office according to the official website. The agency operates as a public law enforcement and legal advocacy body for New York according to its official website, working through regional offices across the state according to its official website and providing services including consumer fraud investigations and tenant dispute mediation according to its official website. It also promotes social justice through civil rights enforcement according to its official website and works broadly “to protect New Yorkers, ensure public safety, defend civil rights, uphold consumer protections and preserve the environment” according to its official website.
A final report detailing all investigative findings will be issued later as required by law.
