Death by Cop  2021-2025

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Mark Francis Kelly

Age : 62

Gender : Male

Race : White

Date : 08/25/2024

Location : 1875 Third Avenue, near East 103rd Street

City : New York

County : New York

State : New York

Agency : New York City Police Department

Officer(s) :Alcantara, Baresi, Fernandez, Lee

Cause of Death : Gunshot

Event : Killed by police during “man with a gun" call

OPEN RECORDS SUMMARY :

On 08/25/2024, at approximately 12:33 a.m., New York City Police Department officers responded to the area of East 103rd Street and Third Avenue in East Harlem after multiple 911 callers reported a man with a gun near the George Washington Houses. Police also received a ShotSpotter gunfire-detection activation from the area.
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Officers from NYPD Police Service Area 5 encountered Mark Francis Kelly, 62, outside 1875 Third Avenue. Police alleged that Kelly was holding a handgun. Officers repeatedly ordered him to drop the weapon.
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According to the NYPD, Kelly did not comply with the commands. Officers opened fire, striking him. Police and emergency personnel provided medical assistance, and Kelly was transported to a hospital, where he was pronounced dead. Police recovered a loaded handgun at the scene.
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Early police reporting stated that two officers fired their weapons. Subsequent material released by the New York Attorney General's Office of Special Investigation included body-worn-camera recordings from Officers Alcantara, Baresi, Fernandez and Lee, documenting the encounter from multiple perspectives.
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On 12/04/2024, the New York Attorney General's Office publicly released the body-camera footage obtained during its investigation. The footage shows officers confronting Kelly with their firearms drawn and repeatedly directing him to put the gun down before police opened fire. The Attorney General's Office confirmed that Kelly was holding a gun when officers encountered him and that a loaded gun was recovered at the scene.
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Kelly's brother, Stephen Kelly, subsequently said that Mark had experienced mental-health problems beginning when he was young and had struggled with depression and addiction. Stephen said his brother was taking medication for his mental health at the time of his death. He described Mark as a hardworking retired New York City ironworker and third-generation New Yorker.
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Stephen Kelly said he did not blame the officers for his brother's death, stating that his brother had placed the officers in a difficult situation. He said he had spoken with Mark the morning before the shooting after the brothers attended a friend's wake and suspected that Mark had been drinking later that day.
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Kelly's obituary identifies him as Mark Francis Kelly, born 07/02/1962. He grew up in Yorkville and spent many years working as an ironworker. His family described him as devoted to his community and remembered his generosity and kindness.
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The New York Attorney General's Office of Special Investigation opened a formal investigation into Kelly's death under New York Executive Law § 70-b. OSI investigates deaths potentially caused by police officers and determines whether criminal prosecution is warranted.
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OFFICER BACKGROUND:
The New York Attorney General's Office released body-camera recordings associated with Officers Alcantara, Baresi, Fernandez and Lee as part of its investigation into Kelly's death.

SOURCE LINKS :

https://www.fox5ny.com/news/east-harlem-shooting-nypd-officers-kill-armed-man-after-911-calls
https://www.nydailynews.com/2024/08/26/brother-of-man-shot-to-death-by-nypd-in-east-harlem-loved-sibling-but-doesnt-blame-cops/
https://ag.ny.gov/press-release/2024/attorney-generals-office-special-investigation-opens-investigation-civilian-22
https://ag.ny.gov/press-release/2024/attorney-general-james-releases-footage-investigation-death-mark-kelly
https://ag.ny.gov/osi/footage/mark-kelly
https://gothamist.com/news/nypd-officers-fatally-shoot-62-year-old-man-outside-east-harlem-nycha-building
https://www.dignitymemorial.com/obituaries/new-york-ny/mark-kelly-11969439