Attorney General James’ Office of Special Investigation Issues Notification of Investigative Findings Regarding Investigation into the Death of David Levine

January 22, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) is today issuing a Notification of Investigative Findings regarding the investigation into the death of David Levine, who died on April 9, 2025 following an encounter with members of the New York State Police (NYSP) in Saratoga County. Upon completion of the investigation into Mr. Levine's death, OSI has concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the troopers' use of deadly physical force was justified under the law. A final Investigation Report will follow.

About the Incident
On the afternoon of April 9, Mr. Levine drove into the parking lot of the State Police Barracks in Ballston Spa, Saratoga County. Mr. Levine got out of his vehicle, armed with a gun, and shot at the building several times. Several NYSP troopers walked out of the building, took positions of cover, and attempted to speak with Mr. Levine. Mr. Levine ignored commands from troopers to drop his weapon, instead pointing his gun at a trooper. Several NYSP troopers fired their weapons in response, striking Mr. Levine. Mr. Levine was taken to a local hospital, where he was pronounced dead. Troopers recovered a gun at the scene.

Incident Video
The incident was captured on troopers' body-worn cameras (BWC).

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. 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.