The New York Attorney General’s Office will not pursue charges against the Rochester police officer who fatally shot a man on Christmas Eve in 2023, according to a report released Monday afternoon .
Todd Novick, 46, of Rochester was shot by RPD officer Daniel Celiberti when he fled from police during a stop on Murray Street. Novick was shot a split second after being told to drop a BB gun he pulled from his pants as he fled.
New York’s law of justification allows police officers to use deadly force when they reasonably believe it’s necessary to defend themselves or another against a use of deadly force. The Attorney General’s Office of Special Investigation found a prosecutor would not be able to disprove beyond a reasonable doubt at trial that Celiberti was justified in the shooting.
The law requires the investigation to disprove the shooting was justified, not prove it was.
State reviews Todd Novick shooting video
The investigation reviewed Celiberti’s body worn camera footage, interviews with both responding officers and transcript of the 911 call. Screen grabs from the camera footage, autopsy information and crime scene photographs, along with civilian witnesses, were also included in the report released Monday.