New York Attorney General Letitia James’ Office of Special Investigation (OSI) issued a Notification of Investigative Findings regarding the investigation into the death of Emilson Joan Ordoñez-Banegas, who died on July 13 following an encounter with members of the Suffolk County Police Department (SCPD) in Centereach. After investigating Ordoñez-Banegas’ death, OSI concluded on October 31 that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly physical force was justified under the law. A final Investigation Report will follow.
According to the report, shortly after 8:30 a.m. on July 13, SCPD officers responded to a 911 call reporting an assault with a knife taking place behind a deli in Centereach. When officers arrived at the scene, they encountered a man with lacerations to his neck and hand.
The man told officers another man had stabbed him with a knife and fled into a wooded area behind the deli. While EMTs rendered aid to the injured man, Ordoñez-Banegas suddenly emerged from the wooded area, approached the injured man, and again attempted to stab the man with a knife. One officer discharged his service weapon, striking Ordoñez-Banegas. Mr. Ordoñez-Banegas was taken to a local hospital, where he was pronounced dead. Officers recovered a knife 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,” OSI said in a statement. “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 may have caused the death, OSI proceeds to conduct a full investigation of the incident.”
In cases where the evidence and legal analysis are clear and the investigation is complete, OSI may issue a Notification of Investigative Findings announcing the conclusion of the investigation. In such cases, OSI will issue the final Investigation Report, as required by law, at a later date.