NEW YORK – The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of Daniel Rivera, who died on December 5, 2022, following an encounter with members of the New York City Police Department (NYPD) on December 4, 2022.
In the early morning hours of December 4, NYPD officers encountered Mr. Rivera near 161st Street and Summit Avenue in the Bronx. Mr. Rivera allegedly held a gun. Five officers discharged their weapons, and other officers were nearby.
A total of 29 shots were fired. Mr. Rivera was then taken to a local hospital, where he died the following day.
The NYPD recovered two guns at the scene.
Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer caused the death, OSI proceeds to conduct a full investigation of the incident.
These are preliminary facts and subject to change.