New York’s attorney general will not file criminal charges in connection with RPD’s fatal shooting of a suspect last year

No criminal charges will be filed against a Rochester police officer who shot and killed a man who appeared to have a gun, according to a report released Monday by New York Attorney General Letitia James’ Office of Special Investigation (OSI).

The incident occurred on December 24, 2023. RPD responded to a 911 call reporting a man walking along Murray Street in Rochester with a handgun.

When the first officer responded to the scene, the Attorney General’s Office said he encountered 46-year-old Todd Novick standing with two other people.

The attorney general’s report states that Novick tried to leave when the second officer arrived at the scene.

According to the report, the first officer asked Novick to wait, but he began to run. The first officer ran after Novick, the second officer followed him.

The attorney general’s report states that the first officer saw Novick look over his shoulder, then pull out what appeared to be a pistol and hold it out to him in his right hand. He was ordered to drop the weapon, but authorities said he failed to comply and an officer shot Novick. He was taken to a local hospital where he was pronounced dead.

RPD later recovered a black replica handgun from the scene.

According to a press release from the Attorney General’s Office, under these circumstances, a prosecutor “would not be able to disprove beyond a reasonable doubt in court 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 be filed should not be pursued further.