Utica man fatally shot by police: 'His actions facilitated use of force,' chief says

A 61-year-old Utica man was killed after being shot by police Monday night on Neilson Street in Utica, police reported Tuesday.

The shooting death of David Litts is now being investigated by the Utica Police Department and the New York State Attorney General's Office, both agencies confirmed.

"This will be a transparent investigation," Utica Police Chief Mark Williams said in an interview Tuesday afternoon.

What led to the shooting

A call first came in around 7:50 p.m. Monday by Litts himself, Williams said. He threatened to commit suicide by police officer, and claimed to have a firearm and a knife, Williams said. A knife was later found on Litts, and a warrant has been executed to search the home for further weapons, the chief said.

Utica police responded shortly after to Litts's home at 1601 Neilson St. Due to the nature of the call, there were likely over a dozen officers at the scene, Williams said. Police set up a perimeter around the home, and an officer trained in crisis negotiation attempted to speak with Litts for five to 10 minutes, the chief said.

In an initial statement released Tuesday, police reported Litts was found outside his home with a knife, which "ultimately resulted in a use of force incident." Litts allegedly advanced towards an officer with a knife, and officers opened fire in response, a statement Tuesday evening from the state Attorney General's Office said.

“Unfortunately, at some point his actions facilitated use of force,” Williams said. “Two officers fired on him to preserve their own lives — one of the officers’ lives.”

Litts was wounded and taken to the St. Elizabeth campus of Mohawk Valley Health Systems, where he was pronounced dead from his injury, the police statement said.

Shooting under investigation

Williams confirmed the officers' body-worn cameras were turned on during the incident. The footage will become part of the investigation into what precisely occurred. The Observer-Dispatch has filed a Freedom of Information Law request for the video.

Per the requirements under New York State law, the state Attorney General's Office has launched an investigation into the incident, Williams said. The Utica Police Department is also launching an investigation per department policy.

Williams said Utica police are not releasing the names of the two officers at this time, but said the department intended to in the near future. One officer is white and the other is Hispanic, he said; Litts was white.

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Questions surround police use of lethal weapon

New York State Police, the Oneida County Sheriff's Office, Whitestown and New Hartford police responded due to the size of the surrounding crowd following the shooting. Around 100 people were at the scene, with many questioning the use of firearms over a less-lethal weapon like a Taser, Williams said.

"If someone comes at you with a knife, less-lethal is not the type of weapon you want to use," he said, later adding of Tasers, "They're very effective when you have a stationary person."

No one else was injured or arrested during the incident, Williams said. Per department policy, the two officers have been placed on administrative leave with pay and will be provided with support services due to the incident.

"There's a lot of scrutiny placed on police offices every time they use their duty weapon," he said. "They're looked upon for potential criminal and administrative charges by their own department, as well as the emotional toll of having to unfortunately take someone’s life."

H. Rose Schneider covers public safety, breaking and trending news for the Observer-Dispatch in Utica. Email Rose at hschneider@gannett.com.

This article originally appeared on Observer-Dispatch: Utica police shooting leaves 61-year-old David Litts dead