According to a report released Monday by New York Attorney General Letitia James Office of Special Investigation (OSI), criminal charges will not be pursued against a Rochester Police officer who shot and killed a man who appeared to have a gun.
The incident happened December 24, 2023. RPD responded to a 911 call reporting a man holding a handgun walking down Murray Street in Rochester.
When the first officer responded to the scene, the Attorney General’s Office said that he encountered 46-year-old Todd Novick, who was standing with two other people.
The AG’s report said as the second officer pulled up to the scene, Novick began to walk away.
The report said the first officer asked Novick to wait, but he began to run. The first officer ran after Novick, with the second officer following.
The AG’s report states that the first officer saw Novick glance over his shoulder and then pull out what appeared to be a handgun and hold it out in his right hand. He was ordered to drop the gun, but authorities said he did not comply, and an officer shot Novick. He was taken to a local hospital, where he was pronounced dead.
Later RPD recovered a black replica handgun at the scene.
According to a press release from the AG’s office, under these circumstances, “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. Novick was justified,” and as a result, the Attorney General determined that criminal charges should not be pursued.
