AG's Office Clears Troopers In Fatal NYS Thruway Police Shooting

HUDSON VALLEY, NY — New York Attorney General Letitia James' Office of Special Investigation (OSI) has released its report on the death of Rakim Tillery, who was killed by New York State Police on the NYS Thruway.

Tillery died on Jan. 3, 2024 during an encounter with the New York State Police in Ramapo. The Attorney General's Office said that an investigation, which included interviews with witnesses, review of home and body-worn camera footages, and comprehensive legal analysis, concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers' actions were justified under New York law.

See Also: NY AG Releases Body-Cam Video Of NYSP Shooting

During a tense confrontation at 2:53 p.m. that afternoon, two NYSP troopers pulled over a car on the New York State Thruway based on a report about an incident that had taken place earlier the same day in Albany. The troopers were in two separate marked police vehicles, with their lights activated.

As the troopers were getting out of their vehicles, the driver of the car, Tillery, was already out of his vehicle, armed with a firearm, and discharged his weapon at the troopers, according to the report. One trooper discharged his service weapon in response, and Tillery fell to the ground.

As the trooper approached Tillery, he got up, and a struggle ensued, according to the findings. Tillery grabbed for the trooper's gun, and the second trooper discharged his service weapon three times, striking Tillery, according to the OSI.

"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," the investigators found. "In this case, the troopers had reason to believe Mr. Tillery had been involved in an earlier incident in Albany and had reason to stop Mr. Tillery based on the radio dispatch. When the troopers encountered Mr. Tillery, he discharged a firearm at officers and engaged in a struggle with one trooper, attempting to grab his service weapon. 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 officers' use of deadly physical force against Mr. Tillery was justified, and therefore OSI determined that criminal charges would not be pursued in this matter."

The complete OSI findings can be found here.