Successful Representation of Law Enforcement Officers in a Police Shooting Incident in Hyde Park

On April 29, 2022, Hyde Park officers Joshua Kemlage and Bryan Sweeney responded to a 911 call regarding a domestic violence incident in progress. The call was initiated by a 34-year-old female.

Upon arrival, Kemlage and Sweeney were confronted by the agitated female. Although the officers attempted to deescalate the incident, the female became increasingly erratic and volatile, brandishing a knife and threatening the lives of the officers. As the situation became more and more precarious and perilous, Officer Kemlage fatally shot the female. Paul DerOhannesian responded to support his client-officers within an hour of the shooting.

In the criminal investigation that followed, the New York State Attorney General’s Office determined that it would be unable to disprove the officers' use of deadly force being legally justified. Citing an imminent threat to their lives, the AG's report concluded the officers’ actions were consistent with the law regarding the use of force in such situations.

Attorney Paul DerOhannesian II, representing Kemlage and Sweeney, responded publicly to the Attorney General’s findings, emphasizing the split-second decisions officers often face in high-pressure situations. According to DerOhannesian, the officers' attempts to de-escalate the situation were unsuccessful, and the resulting use of force was both necessary and justified under the circumstances.

The Hyde Park case highlights the critical and difficult role of law enforcement in managing unpredictable and potentially dangerous encounters, especially when mental health or substance abuse issues are involved.

This case also underscores the need to review and adjust policies regarding police response to domestic violence calls. Following the shooting, Hyde Park police instituted the use of body cameras and today officers also bring a behavioral specialist to the scene to assist in de-escalation efforts. These changes indicate a growing recognition of the importance of alternative strategies in handling tense situations.

Finally, the case demonstrates the complexities law enforcement officers face when making split-second decisions that can have life-or-death consequences, and how legal assessments, such as DerOhannesian’s prompt response to protect the rights of his clients, play a crucial role in shaping the public understanding of such tragic events.