Attorney General James’ Office of Special Investigation Releases Report on Death of Devon Allen

July 31, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Devon Allen, who died on April 30, 2024 following an encounter with members of a joint New York City Police Department (NYPD) and Homeland Security Investigations (HSI) Task Force in Manhattan. After a thorough investigation, which included interviews with involved officers and civilian witnesses, review of NYPD Crime Scene Unit paperwork and photographs, and comprehensive legal analysis, OSI determined that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers' actions were justified under New York law.

Shortly before 2:30 p.m. on April 30, officers from a joint NYPD and HSI Task Force were searching for Mr. Allen, who was suspected of committing a previous assault and was wanted for questioning regarding an ongoing federal investigation. When officers approached Mr. Allen on the street, he attempted to run away, and then a struggle ensued between two officers and Mr. Allen. Mr. Allen and the officers fell into a nearby business and continued wrestling as the officers attempted to handcuff Mr. Allen. During the struggle, Mr. Allen repeatedly attempted to grab the pouch he was wearing across his chest. A detective put his hand on the pouch and felt a gun. The detective then yelled to the other officers that Mr. Allen had a gun. The detective and one other officer discharged their service weapons, striking Mr. Allen. Mr. Allen was transported to a hospital where he was pronounced dead. Officers recovered a gun from Mr. Allen's pouch 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. In this case, officers were pursuing Mr. Allen, who was suspected of committing a previous assault and was wanted for questioning regarding a federal investigation. When officers encountered Mr. Allen, he attempted to run away, and during the ensuing struggle, Mr. Allen reached for a gun that he had in a pouch across his chest. 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 officers' use of deadly physical force against Mr. Allen was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.

The OSI recommends that NYPD require all members, including those working with federal agencies, to equip themselves with and activate body-worn cameras (BWCs). If the HSI members had been equipped with BWCs, there would have been video footage confirming that the detective who was engaged in a struggle with Mr. Allen repeatedly yelled that Mr. Allen had a gun. Therefore, OSI recommends that NYPD require all members to equip themselves with and activate BWCs.