NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Courtney Gordon, who died on December 3, 2023 following an encounter with members of the New York City Police Department (NYPD) in Queens. After a thorough investigation, which included review of body-worn camera footage, interviews with involved New York City Fire Department (FDNY) paramedics, 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.
In the early morning hours of December 3, two NYPD officers responded to a police radio transmission reporting an “assault in progress”, “with a knife” at a residence on Beach 22nd Street in Far Rockaway, Queens. Officers arrived on the scene at 5:08 a.m. and began to approach the house on foot while a man – later identified as Mr. Gordon – walked down the driveway with several pieces of luggage. The officers attempted to speak with Mr. Gordon, who suddenly produced a knife, stabbed one of the officers in the neck, and slashed the second officer on the forehead. The first officer discharged his service weapon in response, striking Mr. Gordon. Mr. Gordon was transported to a local hospital, where he was pronounced dead.
Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, officers were responding to a report of “assault in progress” and, based on the 911 call, the officers had reason to believe a person at the reported address was armed with a knife and had stabbed people. When officers encountered Mr. Gordon, he attacked them with a knife, injuring both officers. 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. Gordon was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.