Attorney General James’ Office of Special Investigation Releases Report on Death of Mamady Cisse

November 18, 2024

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Mamady Cisse, who died on September 9, 2023 after an encounter with members of the New York City Police Department (NYPD) in Bronx County. Following a thorough investigation, which included review of body-worn camera footage, interviews with involved officers and bystanders, 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.

On the afternoon of September 9, 2023, NYPD officers responded to a 7-11 convenience store located at 3508 East Tremont Avenue in the Bronx after a store employee came to the local precinct and reported a person acting "suspicious and weird" in the store. Officers responded to the 7-11 at approximately 2:34 p.m. and upon arrival, observed Mr. Cisse smoking in a back aisle of the store with his hand in his pocket. The officers attempted to engage with Mr. Cisse, alerting him that he could not smoke inside. During the interaction, officers repeatedly directed Mr. Cisse to remove his hand from his pocket. Mr. Cisse did not comply, but then approached one of the officers while pulling a knife from his pocket. Mr. Cisse then ran toward the officer, who fired his service weapon in response, striking Mr. Cisse. Mr. Cisse was transported to a local hospital where he was pronounced dead. Officers recovered a knife at the scene.

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, after he was repeatedly instructed to remove his hand from his pocket, Mr. Cisse ran at an officer while holding a knife. 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. Cisse was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.