Suffolk Officer Vindicated In Fatal Shooting Of Long Island Man Wielding Swords: NYAG

NEW YORK — No criminal charges will be pursued against the Suffolk County police officer involved in the fatal shooting of an Elwood man who, officials said, charged at him and another officer while brandishing swords on Oct. 10, 2023, according to a report filed by New York Attorney General Letitia James’s Office of Special Investigation on Thursday.

Alan Weber, 54, was tased and shot after advancing toward two officers while holding two fencing swords, the report found. A thorough investigation concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the actions of the officer who shot Weber were justified under New York law. The investigation included review of 911 calls, footage from body-worn cameras, interviews with involved officers, and comprehensive legal analysis.

The Suffolk County Police Department did not respond to Patch's request for comment.

On the evening of Weber's death, two Suffolk County police officers responded to an Elwood home after receiving 911 calls reporting a man yelling and breaking things inside his house, the report states. Two more officers arrived after the first two responding officers, according to the report.

When the first two officers arrived at the house, they encountered Weber, who came to the first-floor window, banged on it, and yelled at the officers, authorities said. The officers told Weber to open the door, but he did not comply, officials said. Weber had blood on his face and shirt and was holding a sledgehammer, one officer told investigators.

The officers entered the house, where body-worn cameras found the home was in disarray with loud music playing, documents show. Cameras revealed a toilet had been smashed to pieces, according to the report.

The first two officers encountered Weber in the basement; he was wearing a fencing mask while armed with two fencing swords, the report states.

The officers repeatedly told Weber to drop the swords, authorities said. When Weber did not comply and instead took a step toward the officers with the swords in his hands, one officer deployed his taser, officials said. The taser failed to subdue Weber, so the officer deployed his taser a second time, authorities said.

Weber again advanced towards the officers, the report states. The other officer then fired his gun seven times, striking Weber, who fell to the floor, according to the report. Weber was struck by gunfire six times, to his right shoulder, right forearm, neck, and torso, an autopsy found.

The officer stopped shooting as soon as he thought Weber could no longer stab him or his partner, he told James's Office of Special Investigation in an interview.

The officer who tased Weber placed him in handcuffs and began to perform cardiopulmonary resuscitation, officials said.

Of the other two officers in the home, one had walked into the basement just before the gun was discharged, while the other officer was partway down the staircase, the report states.

Weber was pronounced dead at Huntington Hospital. Officers recovered two fencing swords at the scene, authorities said.

Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it necessary to defend against the use of deadly physical force by another.

Given the circumstances of Weber's death, James's Office of Special Investigation determined that criminal charges would not be pursued against the officer.

The officers in the basement with Weber said they knew him before Oct. 10, 2023, having previously responded to 911 calls by neighbors or family members when Weber appeared to suffer mental health episodes, according to background information listed in the report. On those occasions, Weber was not armed and did not seem to be a danger to himself or others, and there were no physical altercations, and the officers did not attempt to detain him, the report states.

The Office of Special Investigation reviewed the Suffolk County Police Department's current Crisis Intervention Training (CIT) program and determined that all department officers should be required to take the CIT program in order to learn the tools to de-escalate situations involving civilians experiencing a mental health crisis.

The Office of Special Investigation also recommends that responding Suffolk police officers should first determine whether the person in crisis is an immediate danger to themselves or others and, if not, officers should be required to call Emergency Services Unit officers — officers specially trained to handle and control behavioral health crises — or phone the Diagnostic, Assessment, and Stabilization Hub (DASH) mobile crisis response team.

In the death of Weber, the Office of Special Investigation acknowledges it would not have been safe for a civilian mobile crisis response team to engage with Weber.