Man shot by police officer displayed replica gun; identity released

Rochester City Police Chief David Smith on Wednesday shared body-worn camera footage off the shooting death of a man by an officer on Dec. 24.

Smith first played the 8:24 a.m. 911 call, in which the caller identified two white or Hispanic men in sweatshirts and sweatpants, one with a gun, in what they believed were in their 20s or 30s. The chief then played body-worn camera footage of police interacting with the men and a woman they were speaking with on Murray Street.

In the footage, one of the men - identified as Todd Novick, 46, of Rochester - flees shortly after a second police car arrives on the scene. The officer tells dispatch that Novick is running northbound before yelling twice to stop and once to drop the gun. Five shots in quick succession are fired immediately after the command from the officer and the replica gun is seen clearly as it falls to the ground.

Novick then follows directions to roll onto his stomach and put his hands behind his back after being shot.

At the press conference, Smith said the gun was a replica firearm, which are designed to look identical to a functioning firearm. After technicians investigated the scene, it was determined it was a replica firearm.

"The body worn camera tells a part, a very small part, of the story," Smith said. "If this was the whole story, the investigation would be over ... There's a lot of things we don't know."

Smith said there are still questions about why Novick had the replica gun, how he came into possession of it, and why he decided to pull the gun out while fleeing from police.

“It’s speculation,” Smith said. “This is three seconds. It’s going to take months to unravel and put together the minutiae of this.”

New York does not have a fleeing felon law, which permits force against someone suspected of a felony and fleeing law enforcement.

In the Supreme Court’s 1985 decision in Tennessee v. Garner, the court found officers could only use deadly force against a fleeing suspect only if the officer has a good-faith belief the suspect poses threat of death or serious injury to the officer or others.

Smith argued fleeing would constitute dropping the replica gun before running away or if the suspect kept it in his pocket.

"When you're running with a gun in your hand, I submit you're not fleeing," he said. "You are trying to obtain a better tactical position."

A woman was shot and killed by police in Boulder, Colorado on Dec. 18 after she pointed a replica Beretta pistol at a passing car, according to media reports. Police allegedly tried to get the woman to drop the gun and halt, then fired non-lethal items before officers fired the fatal shots.

Gov. Kathy Hochul signed legislation to strengthen restrictions on fake guns, requiring them to be brightly-colored and easily identifiable in August 2022. At the time, the state Attorney General's office reported there had been at least 63 shootings in New York as a result of individuals mistaking fake firearms for real ones, including eight fatalities, since 1994.

Warning: Graphic video

The 911 call and body-worn camera footage were released on the Rochester Police Department's YouTube and social media pages.

What happens next

The Rochester Police Department's Major Crimes Unit, the New York Attorney General’s Office and the Professional Standards Section are all simultaneously conducting investigations into the shooting. The officer who fired the shots and the other responding officer have both been placed on administrative leave until the investigation is concluded.

The Police Accountability Board in Rochester is also conducting an independent investigation into the shooting, according to a statement from the board.

Smith said witnesses at the scene were spoken with but will be interviewed again. The officer involved in the shooting has not issued a statement yet. While Smith did not give the officer's name, he said they had served for about 11 years with the department.

This article originally appeared on Rochester Democrat and Chronicle: Todd Novick shot and killed by police officer in Rochester NY