New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of Gary Worthy, who died on November 19, 2024 after an encounter with New York City Police Department (NYPD) officers in Queens.
According to the OSI report, police responded to several 911 calls about a robbery involving a gun at a smoke shop on Guy R. Brewer Boulevard. When officers arrived near 160th Street and Jamaica Avenue, a caller identified Mr. Worthy as the alleged robber. An officer pursued Mr. Worthy on foot, during which Mr. Worthy turned and fired a gun, hitting the officer in the leg. The bullet also struck a bystander in the leg. The officer then fired back, striking Mr. Worthy.
Mr. Worthy was transported to a local hospital where he was pronounced dead. Both the injured officer and bystander received medical treatment for their injuries at the scene.
The OSI investigation included review of body-worn camera footage, security camera recordings, interviews with involved officers and witnesses, and legal analysis.
The report states: “After a thorough investigation, which included review of footage from body-worn cameras and security cameras, interviews with involved officers and witnesses, and comprehensive legal analysis, OSI concluded 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.”
Under state law regarding justification for use of deadly force by police officers, such force is permitted when an officer reasonably believes it is necessary to defend against deadly physical force from another person.
“In this case, as officers attempted to apprehend Mr. Worthy, he fired a gun, striking one officer and a bystander,” according to the OSI report. “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. Worthy was justified.”
The OSI also noted that no aid was rendered to Mr. Worthy during five minutes while he lay on the ground before an ambulance arrived. While acknowledging that medical attention outside of hospital care would not have saved his life in this instance, OSI recommended improvements in training for NYPD and other agencies.
“While OSI acknowledges that medical attention outside of a hospital setting would not have saved Mr. Worthy’s life,” reads the report’s recommendation section,”OSI recommends that NYPD – and all police agencies – emphasize in training that officers must aid any person injured by police use of force, even if the person who needs aid has injured a police officer.” Current NYPD policy requires obtaining medical attention as soon as reasonably possible for anyone injured when force is used.
