No Charges Against Newburgh Officers In Deadly Shooting

NEWBURGH, NY — A grand jury has declined to file charges against three Newburgh police officers who shot and killed Tyrell Fincher during a confrontation on March 27, the Orange County District Attorney announced.

DA David M. Hoovler released videos of the encounter, warning that they are graphic and only being released in order to ensure public confidence in the handling of the case. Also, though proceedings before grand juries are legally required to be kept secret, the findings of the District Attorney’s Office, made from evidence uncovered outside of the grand jury proceeding, can be made public, he said.

According to the DA's findings, Newburgh police had been searching for Fincher since the night before, because he was a suspect in a "shots fired" incident. They had been told to use caution when encountering Fincher and that he usually carried a gun in a black bag.

At about 5 p.m., officers saw the 27-year-old in the area of William and West Parmenter streets.

The DA said Fincher tried to flee but was soon cornered in the 40 block of William Street. He was carrying a black shoulder pouch. As officers approached, he pulled from the pouch a silver and black Lorcin .380-caliber semi-automatic pistol. While officers closed in, Fincher pointed the gun at Officer Ricardo Rivera and tried to fire it. The weapon jammed because Fincher had improperly racked it.

Fincher ran from Rivera but was confronted by Officer Robert Breault and Officer Christopher Nedwetzsky. Nedwetzsky engaged Fincher, who was holding the pistol in his right hand. Fincher struck Nedwetzsky in the head with the weapon, and Breault then joined the struggle. Seconds later, Rivera arrived and joined the other officers in their attempt to subdue Fincher.

During the struggle, the three officers fired five shots. Four struck and killed Fincher.

Nedwetzsky was struck by a bullet and suffered a shoulder injury.

The DA said a police sergeant with 15 years’ experience witnessed the incident from a distance of 15 feet. Two paramedics who responded to the shooting scene saw the Lorcin pistol in the area of Fincher’s body. One of the paramedics noted that Fincher was carrying a black shoulder-strap pouch.

The investigation of the shooting was done by the DA's office and the New York State Police. While cases involving allegations that police used deadly physical force against unarmed civilians must be investigated by the New York State Attorney General’s Office, after consultation this was left to the District Attorney’s Office, since Fincher was armed with a semi-automatic pistol at the time.

"Our investigation was comprehensive and was largely based on closely examining images from police body-worn cameras and street cameras. Those images are graphic and disturbing, but lead to the indisputable conclusion that the police officers were justified in using deadly force against Mr. Fincher, who had made the regrettable decisions to try to shoot a police officer, and to refuse to drop his weapon and submit to being arrested," Hoovler said in the announcement. "It was important that this matter was fairly and exhaustively investigated, and it is just as important that the community know what evidence led to our conclusions. For that reason, we are releasing images from the body-worn cameras and street cameras. I realize that the images are graphic and I regret that those images will no doubt be disturbing for Mr. Fincher’s family and loved-ones to watch, but their release is the only way that the community can have absolute confidence in the integrity of this investigation and in the inescapable conclusion that these police officers acted in self-defense."