Attorney General James’ Office of Special Investigation Releases Report on Death of Nancy Loftus
NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Nancy Loftus, who died on April 12, 2025 following an encounter with members of the New York State Police (NYSP) in Orange County. After a thorough investigation, which included interviews with involved officers and a civilian witness, review of a 911 call and footage from officers’ body-worn cameras (BWC), and comprehensive legal analysis, OSI determined that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions were justified under New York law.
Shortly before 2:30 a.m. on April 12, two NYSP troopers responded to a mobile home in Deerpark following a 911 call reporting an assault with a knife. Upon arrival, the officers encountered the 911 caller in the driveway with a laceration to his abdomen. The 911 caller told the troopers that Ms. Loftus had a gun and was waving it around. Ms. Loftus then came outside the house with what appeared to be a gun in her hand. The troopers repeatedly instructed Ms. Loftus to drop the gun and put her hands in the air. Ms. Loftus did not comply, and both troopers discharged their service weapons. The troopers stopped firing when it seemed as if Ms. Loftus had lowered the gun. The troopers told OSI that Ms. Loftus then raised the gun again, and the officers discharged their service weapons, striking Ms. Loftus. She was taken to a local hospital, where she was pronounced dead. Troopers recovered a pellet gun at the scene.
Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, the troopers were responding to a 911 call for a domestic incident where the caller said Ms. Loftus had stabbed him with a knife. When the troopers responded to the residence, they encountered the 911 caller, who informed them Ms. Loftus had a gun. Ms. Loftus came out of the house with what appeared to be a gun and ignored repeated commands to drop it. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force against Ms. Loftus was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.
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