But AG Recommends Officers Undergo Crisis Intervention Training
By Hank Russell
The New York Attorney General’s Office of Special Investigation (OSI) released its report on the death of Alan Weber, who died on October 10, 2023 following an encounter with members of the Suffolk County Police Department (SCPD) in East Northport. After a thorough investigation, which included review of 911 calls and footage from body-worn cameras, interviews with involved officers, and comprehensive legal analysis, OSI concluded that the officer was cleared of any wrongdoing, yet the agency recommended that all officers undergo crisis intervention training to help them deal with those with mental health issues.
On the evening of October 10, 2023, two SCPD officers responded to a residence in East Northport after receiving 911 calls reporting a man yelling and breaking things inside his house. When officers arrived at the house, they encountered Weber, who came to the first-floor window, banged on it, and yelled at officers. Officers instructed Weber to open the door, but he did not comply.
Officers entered the house and encountered Weber in the basement, armed with two fencing swords. They repeatedly told Weber to drop the swords. When Weber did not comply and instead took a step toward the officers with the swords in his hands, an officer deployed his taser in response. The taser failed to subdue Weber, who again advanced towards the officers. The other officer fired his service weapon and shot Weber, who was taken to a local hospital, where he was pronounced dead. Officers recovered two fencing swords 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,” the OSI said. “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. Weber was justified, and, therefore, OSI determined that criminal charges would not be pursued in this matter.
The OSI reviewed SCPD’s current Crisis Intervention Training (CIT) program and determined that all SCPD officers should be required to take the program in order to learn the tools to de-escalate situations involving civilians experiencing a mental health crisis. The OSI also recommended that responding SCPD officers should first determine whether the person in crisis is an immediate danger to themselves or others and, if not, they should be required to call Emergency Services Unit (ESU) 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 this case, OSI acknowledges it would not have been safe for a civilian mobile crisis response team to engage with Mr. Weber,” the OSI said.