MALTA, N.Y. (WNYT)- The New York Attorney General’s Office of Special Investigation (OSI) announced its findings on the death of David Levine, who died after a confrontation with New York State Police.
Related: Man shot, killed by troopers after opening fire on State Police barracks in Malta
The OSI concluded that the use of deadly force was justified and a prosecutor could not disprove this beyond a reasonable doubt.
On April 9, 2025, around 1:45 p.m. Levine drove to the State Police Barracks in Malta, firing shots at the building. Troopers attempted to communicate with him, but he pointed a gun at them, prompting officers to fire back. Levine was shot and later pronounced dead at a hospital.
“Troopers instructed Mr. Levine to drop the firearm,” Major Gilroy of New York State Police said the day of the shooting. “Mr. Levine refused to follow multiple commands and aimed the gun in the direction of troopers, at which time the troopers fired their department issued firearms, fatally striking him,” he said.
Related: Body camera footage released in deadly shooting of man who shot at Malta State Police barracks
State Route 9 between the State Route 67 traffic circle at Dunning Street and Saratoga Village Boulevard were closed as police investigated the incident. The southside of Rt. 9 reopened later that day, around 6 p.m.
Previously released body camera video of the incident by the Attorney General’s Office showed the incident from multiple angles including troopers who confronted Levine and troopers inside the barracks.
OSI says a final report will be released in the future.