NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) , who died on June 5, 2025, following an encounter with members of the Town of Poughkeepsie Police Department (TPPD). After a thorough investigation, which included interviews with involved officers and civilian witnesses, review of body-worn camera footage, 911 calls, and TPPD records, and comprehensive legal analysis, OSI determined 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.
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On the afternoon of June 5, TPPD officers went to a house on Fair Oaks Drive in the town in response to a 911 call reporting that Czornyj was armed with a sword and had struck his father and a member of a mobile crisis team from Mental Health America (MHA) of Dutchess County. The MHA team had responded to a call for assistance earlier in the day. When officers entered the house, they saw Czornyj holding the sword by the grip while his father held the same sword by the blade. At least one of the officers repeatedly ordered Czornyj to drop the sword and said he would shoot, but the man did not comply. The officer discharged his service weapon, striking Czornyj, who was then transported to a local hospital where he was pronounced dead.
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Under New York’s justification law, a person may use deadly physical force when the person reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, according to the OSI, “officers responded to a 911 call reporting that Mr. Czornyj was armed with a sword and had injured his father and a member of the MHA team. When officers encountered Mr. Czornyj, he had the sword in his hand and ignored repeated commands to drop the weapon. 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. Czornyj was justified.”
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