ALBANY, New York (AP) A New York sheriff’s deputy who fatally shot two Black teenagers fleeing in a car in 2023 will not face criminal charges, Attorney General Letitia James announced Friday.
According to an investigative report released by James’ office, prosecutors will be unable to disprove that the deputy, John Rosello, believed the car was about to hit him or that firing into the car was a way for him to avoid harm.
Rosello of the Onondaga County Sheriff’s Office fatally shot Dhal Apet, 17, and Lueth Mo, 15, while investigating a smoke shop burglary in the Syracuse area and responding to a report of people transferring items between two vehicles.
Surveillance video of the shooting, released by the attorney general’s office, shows the deputy using his SUV’s front bumper to pin one of the cars into a row of bushes.
Rosello then exits the vehicle, stands for a moment in front of the car Apet and Mo are riding in, and steps out of the way, his firearm seemingly aimed at the car as it moves forward.
According to the video and report, the deputy continues to point his gun at the car as it drives past him and accelerates away.
The video does not show when Rosello started and stopped firing his weapon because it was shot from across the street and does not include audio. Rosello did not turn on his body camera before the confrontation.
According to the report, Rosello radioed, “White car, tried to run me over, shots fired.”
Apet and Mo were discovered slumped in a car on a street over a mile away. According to the report, Apet was pronounced dead on the scene, while Mo died in a hospital the same day.
An attorney for the families of Apet and Mo declined to comment.
