New York Attorney General Letitia James’ Office of Special Investigation determined that criminal charges would not be pursued against an off-duty New York City Police Department officer who fatally shot Lahionel Ernesto Abreu Soto in Manhattan. OSI concluded in a report released September 10, 2026, 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.
The encounter occurred at 9:47 p.m. on August 17, 2025, as the off-duty officer spoke with friends beside a double-parked car in front of 502 West 173rd Street. Two moped drivers dressed in black and wearing black masks passed the group, made a U-turn and stopped nearby, according to OSI’s account.
OSI said Mr. Soto got off his moped, removed a firearm from his waistband and approached the officer. The officer drew his off-duty firearm and fired at Mr. Soto. Mr. Soto then moved behind the double-parked car while continuing to point a gun at the officer, according to the report. The officer went toward the rear of the car and fired again, striking Mr. Soto. Mr. Soto was taken to a local hospital and pronounced dead, and officers recovered a gun at the scene.
Under New York’s justification law, a person may use deadly physical force when the person reasonably believes it is necessary to defend against another person’s use of deadly physical force. The law also permits such force when a person reasonably believes that someone is committing or attempting to commit a robbery.
OSI said the off-duty officer knew about recent gunpoint robberies committed by people on mopeds in the Washington Heights neighborhood. The office found that the drivers’ clothing and masks, their immediate U-turn, and Mr. Soto’s approach with a gun supported the officer’s belief that he was about to be robbed. Based on the evidence and applicable law, OSI concluded that prosecutors could not disprove justification beyond a reasonable doubt.
The investigation included interviews with involved officers and civilian witnesses, footage from nearby security cameras and an officer’s body-worn camera, 911 calls, NYPD Crime Scene Unit reports and a legal analysis. OSI released its findings more than a year after Mr. Soto’s death.