New York City officers won’t face charges in fatal shooting of 19-year-old man

Two New York City police officers won’t be charged in the shooting death of a 19-year-old man during a mental health crisis last year as his mother and brother begged the officers not to open fire, state Attorney General Letitia James’ office said Thursday.

Win Rozario was shot five times by the officers at his family’s home in Queens on March 27, 2024, as he came at them while holding scissors in his hand, police body camera video showed. A person in the home had called 911 and told a dispatcher “I think my son is on drugs and is acting mad erratic,” according to police.

The Office of Special Investigation in James’ office concluded in its report that “a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ use of deadly force against Mr. Rozario was justified and, therefore, will not seek charges.”

The report also said that the reasonableness of the fear the officers, Salvatore Alongi and Matthew Cianfrocco, had when Rozario came at them with the scissors could not be disproven beyond a reasonable doubt. Both officers, however, still face an internal discipline trial on excessive force allegations by the city’s Civilian Complaint Review Board, as well as a lawsuit by Rozario’s family.

Rozario’s mother, Notan Eva Costa, his father, Francis Rozario, and his brother, Utsho Rozario, criticized the decision not to prosecute the officers.

“State Attorney General Letitia James’ cowardly decision not to indict NYPD Officers Matthew Cianfrocco and Salvatore Alongi for murdering our beloved son and brother, Win Rozario, feels like we’re watching Win get murdered all over again,” they said in a statement released by the Justice Committee advocacy group.

“We were safe in our home until Officers Cianfrocco and Alongi walked in and created chaos,” they said. “The NYPD should not be engaging with people experiencing a mental health episode.”

The attorney general’s office did not immediately respond to a request for reaction to the family’s comments Thursday evening.

The Office of Special Investigation’s report recommends expanding citywide a pilot program that dispatches paramedics and mental health professionals as first responders to mental health emergency calls. It also recommends more training for officers on responding to such calls. And it says the state should enact a law allowing public health-based responses to people experiencing a mental health, alcohol use or substance use crisis.

Mayor-elect Zohran Mamdani’s platform includes expanding mental health services across the city, including having health professionals respond to mental health crises reported in 911 calls.

“Win Rozario’s death was a senseless tragedy that brought pain to so many New Yorkers, most of all his loved ones,” Mamdani said in a statement Thursday.

He noted the officers are facing potential discipline and added, “What today’s decision does not change is our obligation to do everything in our power to ensure this does not happen again, our commitment to delivering the social services New Yorkers deserve, and our investment in both genuine public safety and justice for all.”

After the officers entered Rozario’s home, Rozario grabbed a pair of scissors in the kitchen and took a few quick steps toward the officers, prompting one of them to fire a Taser, the police body camera video showed. Razario’s mother then wrested the scissors away while holding onto him and police ordered her to get out of their way, prompting her to plea “Don’t shoot” as she put the scissors on a chair and stepped aside.

The situation then quickly escalated, with an officer firing a Taser again and Rozario picking up the scissors and walking toward police. One officer then fired his handgun at Rozario, whose mother rushed to him, followed by her younger son, who tried to pull her away.

“Please do not shoot my mom!” Rozario’s brother cries.

“Get her out of the way!” police shout. Rozario’s mother and brother fall to the floor.

Officers then opened fire again at Rozario as he went toward them with the scissors.

Patrick Hendry, president of the Police Benevolent Association of the City of New York, a police union, said the attorney general’s office made the right call in not prosecuting the officers.

“These police officers were placed in an incredibly difficult situation and forced to make split second decisions based on the risks to everyone at that scene,” he said in a statement.