Office of the New York State Attorney General Letitia James

Office of Special Investigation

December 11, 2024

Report on the Investigation

into the Death of Christopher
Murphy

ag.ny.gov/osi (800) 771-7755

144 EXCHANGE BOULEVARD ● PHONE (585) 327-3231 ● WWW.AG.NY.GOV
 INTRODUCTION

New York Executive Law Section 70-b (Section 70-b) authorizes the Attorney General’s Office
of Special Investigation (OSI) to investigate and, if warranted, to prosecute offenses arising
from any incident in which the death of a person is caused by a police officer. When OSI does
not seek charges, as in this case, Section 70-b requires issuance of a public report. This is
OSI’s report on the death of Christopher Murphy, which was caused by Police Officers Michael
Jensen and John Canestrare of the Syracuse Police Department (SPD) on April 14, 2024, in
Onondaga County.

OVERVIEW

On April 14, 2024, officers from the Onondaga County Sheriff’s Office (OCSO) and SPD went
to the home of Christopher Murphy while investigating a traffic incident that involved a Honda
Civic registered to him. Officers saw the Civic in Mr. Murphy’s driveway and, when they looked
through a rear window, saw two high-capacity ammunition clips on the back seat. Officers
soon heard what sounded like a firearm being racked inside Mr. Murphy’s house, so they
quickly moved from the driveway and took cover.

Four SPD officers, including Officer Jensen, moved behind their patrol vehicles, which were
parked on the street in front of Mr. Murphy’s house. OCSO Lieutenant Michael Hoosock moved
to the back yard of an adjacent property to watch the rear of Mr. Murphy’s house.

As shown on Lt. Hoosock’s body worn camera (BWC), at 8:48:14 p.m. Mr. Murphy stepped
onto a patio deck on the back of his house and began shooting at Lt. Hoosock, firing multiple
shots in rapid succession from an AM-15 semiautomatic rifle, which is manufactured by
Anderson Manufacturing (AM) to military specifications. Although Lt. Hoosock tried to take
cover behind a tree, Mr. Murphy shot him twice, striking him in the head both times. Lt.
Hoosock never fired his weapon.
As shown on Officer Jensen’s BWC, at 8:49:58 p.m., after a minute and a half of silence, Mr.
Murphy suddenly appeared from around Officer Jensen’s SUV and fired multiple shots at him
with the AM-15 rifle. Officer Jensen attempted to move away while returning fire, but Mr.
Murphy shot him in the chest.
Mr. Murphy ran across the street and continued shooting at Officer Jensen. Officer Canestrare
fired at Mr. Murphy, who fell but continued shooting, so Officer Canestrare continued to fire.
When the shooting ended, SPD officers handcuffed Mr. Murphy and took the AM-15 rifle from
him.

Mr. Murphy, Officer Jensen, and Lt. Hoosock were transported by ambulance to Upstate
University Hospital in Syracuse, and each was pronounced dead that evening.

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Based on its investigation, OSI concludes that Officer Canestrare should not be charged with
a crime, because a prosecutor would not be able to disprove beyond a reasonable doubt that
his actions were justified under Article 35 of the Penal Law, and closes the case with this
report.

FACTS
Before the Incident
The facts in this section are based on Onondaga County 911 Communication Control Center
(Onondaga 911) records, including Incident Summary reports and radio transmissions.
On April 14, 2024, at 7:07 p.m., Officer Jensen and SPD Officer James Zollo were on patrol in
a marked unit when they saw a driver in a gray, four-door, 2023 Honda Civic commit traffic
infractions on Hamilton Street in the City of Syracuse. When they activated their emergency
lights and sirens, the Civic sped away. The officers notified control they were terminating
pursuit because of the Civic’s excessive speed, advising that the car was traveling at an
estimated speed of 100 mph on Hiawatha Boulevard, a busy road that borders the Destiny
USA shopping mall (Destiny).
Officers Jensen and Zollo returned to the Public Safety Building (PSB), SPD’s primary station,
to review video from nearby security cameras to identify the Civic. Another SPD unit soon
advised that they saw the Civic leave the Destiny parking lot around 7:09 p.m., so Officers
Jensen and Zollo responded to Destiny to review video from their security cameras.
Officers Jensen and Zollo quickly identified the Civic’s license plate number and determined
that it was registered to Christopher Murphy, at 4945 Darien Drive in the Village of Liverpool,
in the Town of Salina.
Since Mr. Murphy’s address was outside of the City of Syracuse, Office Jensen asked control
to have an OCSO unit go to the address to see if the Civic was there. OCSO Lt. Michael Hoosock
advised control that he could respond, and control dispatched him to 4945 Darien Drive at
8:18 p.m.

Mr. Murphy’s House

On April 14, 2024, Mr. Murphy lived at a single-family, two-story house at 4945 Darien Drive,
Liverpool. Darien Drive runs east-west, and the house was on the north side of the street.
There was a raised patio deck on the back of the house, accessible from the first floor by a
sliding glass door. There was a paved driveway on the eastern edge of the front yard. There
were no streetlamps, but at the time of the incident there was some ambient lighting from
porch and garage lights on the houses on the street.

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The photo above shows Mr. Murphy’s house (#4945) the morning after the shooting, with his Honda Civic
(circled) in the driveway.

Incident
Lt. Michael Hoosock
The facts in this section, including the times, are based on Lt. Hoosock’s BWC.
Lt. Hoosock arrived at 4945 Darien Drive at 8:23 p.m. He drove past the house, turned
around, and parked in front of the house two doors down to the right (#4953) as one faces
the houses. At 8:24:21 p.m. Lt. Hoosock advised control that the Civic was at Mr. Murphy’s
house and said he would call SPD to inform them. (The Onondaga County 911 “Event
Information” Report indicates that Officers Jensen and Zollo left the PSB and headed to Darien
Drive at 8:31 p.m.) Lt. Hoosock remained in his SUV until SPD units arrived. He stepped out
of his car at 8:44:50 p.m. and walked toward Mr. Murphy’s house. When he reached the
driveway of 4949 Darien Drive, the house next door to Mr. Murphy’s, he suddenly moved from
the street and ran toward the attached garage of the next-door house, taking a position at the
southeast corner of that house.
At 8:45:22 p.m., Lt. Hoosock radioed, “L2. It sounds like we have someone racking a firearm
here, over on Darien. Start a couple more cars please.” Control responded, “Copy. Units hold
the air.” Lt. Hoosock called out to the SPD officers in front of Mr. Murphy’s house and asked,
“Was that a rack?” An unknown SPD officer said, “Yeah.”

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Lt. Hoosock walked alongside the garage toward the rear of the next-door house. When he
reached the northeast corner of the garage, he drew his gun. He opened a metal gate and
stepped into the back yard. He was alone.
While shining his flashlight toward Mr. Murphy’s house, Lt. Hoosock walked toward a raised
patio deck at the rear of the next-door house. When he reached the northeast corner of the
deck, he radioed control and said, “Lt. Let’s take this to County Channel 1” (a channel SPD
and OCSO use when working together). He also said, “I have the back of the house for now.”
At 8:46:24 p.m. Control radioed, “All units on Darien Drive, switch over to Channel 1. Channel
1 is now being used for the Darien Drive call in Salina.”
Moments later, Lt. Hoosock radioed OCSO Deputy Adam Bezek, whose BWC showed he had
arrived on scene at 8:30 p.m., stating, “Was I correct in that, hearing a firearm rack?” Several
seconds later, Dep. Bezek stated, “Yeah, it sounded like that. Yeah. You got eyes on the
back?” Lt. Hoosock said, “I can only see the three-four side [meaning the rear and right sides
of Mr. Murphy’s house]. I got a deck with a sliding door. I cannot see the two side [the left
side], so we need someone over there.” Dep. Bezek stated, “All right, myself and Barnaba
[OCSO Deputy Jacob Barnaba] are going to take the two-three side,” meaning the left and rear
sides of Mr. Murphy’s house; Dep. Bezek’s BWC showed that he and Dep. Barnaba were in
the driveway of 4537 Darien Drive. Lt. Hoosock said, “Copy that.”
At 8:47:17 p.m., Lt. Hoosock radioed, “I was approaching from this side, so I didn’t actually
see a firearm. I just heard what sounded like it rack. Did you guys actually see a weapon, or
just also hear it?” Dep. Bezek stated, “No, we just heard it.” Lt. Hoosock said, “Received. And
SPD was looking in the cars. Did they say something about live rounds?” Dep. Bezek stated,
“I believe so, I wasn’t that close enough to hear exactly what they said, but I believe they were
indicating there were live rounds in the backseat.” Lt. Hoosock said, “Copy.”
Lt. Hoosock momentarily pointed his flashlight toward the back yard of 4949 Darien Drive and
quickly resumed shining it at Mr. Murphy’s house. At that moment, Dep. Bezek stated, “You
see us running here?” At 8:47:58 p.m., Lt. Hoosock said, “I see ya.”

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The image above, taken from Lt. Hoosock’s BWC, shows his view of the Murphy house as he stood at the
northeast corner of the patio deck next door. He had a clear line of sight to the back deck and the sliding glass
door (circled) on the back of Mr. Murphy’s house.

At 8:48:09 p.m., Lt. Hoosock suddenly moved from his position near the patio deck and ran
to a tree in the back yard of the next-door house. As soon as he reached the tree, beginning
at 8:48:13 p.m., his BWC captured the sound of rapid gunfire, seven shots in quick
succession. There was a two second pause, followed by two more gunshots. Lt. Hoosock
radioed, “Shots fired. Shots fired.” A few seconds later, at 8:49:22 p.m., three more gunshots
were fired. There was a single gunshot several seconds after that, at 8:48:28. Lt. Hoosock
yelled, “Stay inside” to an unknown person. After a sustained pause, two more shots were
fired at 8:48:34 p.m. Still positioned behind the tree, Lt. Hoosock radioed and said, “L2.
They’re close.” At 8:48:38 p.m., four more shots were fired in rapid succession. Lt. Hoosock
fell to the ground, injured and bleeding. As he landed on the ground, a final single gunshot
was fired at 8:48:42 p.m. Lt. Hoosock slowly changed position over the next several seconds,
seeming to roll to his back. Lt. Hoosock was fatally injured; he stopped moving at 8:49:10
p.m.

Although Lt. Hoosock had his service weapon in hand, later testing showed he never fired it.
His BWC kept recording and showed that officers took him from the back yard at 9:19 p.m.

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The image above shows the northern side of Mr. Murphy’s house (#4945) and the house next door (#4949). At
8:48:09 p.m., Lt. Hoosock moved from his position near the corner of the deck of the house next door (circled
in red) and ran into the back yard where he took cover behind a tree (circled in yellow). The sliding door on Mr.
Murphy’s deck is circled in orange.

Dep. Adam Bezek

The facts in this section, including the times, are based on Dep. Bezek’s BWC.
Dep. Bezek and Dep. Barnaba arrived at Darien Drive, prior to the SPD units, in separate
marked patrol SUVs, which they parked one house west of Mr. Murphy’s residence, on the
opposite side of the street. When the SPD units arrived, the deputies stepped out of their cars
and walked toward 4945 Darien Drive. At 8:45:20 p.m., just as they reached the western edge
of Mr. Murphy’s front yard, they quickly moved back and crouched beside a vehicle in the
driveway of 4941 Darien Drive. The deputies drew their guns. As described above, Dep. Bezek
and Lt. Hoosock coordinated coverage of Mr. Murphy’s house over the radio.
At 8:47:13 p.m., Dep. Bezek and Dep. Barnaba left their covered position in the driveway of
4941 Darien Drive, walked between houses, and took positions behind the house at 4937
Darien Drive, where they could see the left and rear sides of Mr. Murphy’s house. Dep. Bezek
was closer to the house at 4937, and Dep. Barnaba was in the back yard. Dep. Barnaba briefly
shined his flashlight on a shed in the back yard and, at 8:47:44 p.m., said, “Hey, we can get
cover at the shed. Get a better view of the corner of the guy’s house.” Dep. Barnaba moved

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next to the shed while Dep. Bezek stayed near the house. Dep. Bezek radioed Lt. Hoosock,
“Do you see us running here?” Lt. Hoosock radioed, “I see ya.”
At 8:48:09 p.m. Dep. Bezek’s BWC showed Lt. Hoosock’s flashlight as Lt. Hoosock moved
across the back yard of 4949 Darien Drive and stopped at a tree. Dep. Bezek told Dep.
Barnabas, “Stay right there,” and, at that moment, his BWC captured the sound of gunshots
in rapid succession. After the initial volley, there were two shots, followed closely by a three
shots. After a momentary pause, there was a single shot and then two more shots. After a few
seconds, there were four shots in a row, followed quickly by a single shot. The gunfire began
at 8:48:13 p.m. and ended at 8:48:42 p.m.

The image above, taken from Dep. Bezek’s BWC, shows Lt. Hoosock’s position (circled) at or near the tree in the
back yard of 4949 Darien Drive just before Mr. Murphy started shooting.

Several seconds later, an unknown male voice came across the radio and said, “Was that
shots fired?” Dep. Bezek stated, “Affirm.”
Dep. Bezek remained quiet until, at 8:49:07 p.m., standing at the front left corner of the house
at 4951 Darien Drive, facing the street, he yelled, “Get in your house. Get in your house.” to
an unknown person. For nearly a minute thereafter, Dep. Bezek remained in place without
speaking. Suddenly, at 8:49:59 p.m., there was a barrage of rapid-fire gunshots, with
sustained shooting that lasted several seconds. Although Dep. Bezek’s BWC did not show
anyone firing a weapon, the gunfire corresponded to Mr. Murphy shooting Officer Jensen and
officers firing back.

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Officer Michael Jensen
The facts in this section, including the times, are based on Officer Jensen’s BWC.
SPD Officers Michael Jensen and James Zollo arrived together at Mr. Murphy’s house at
8:44:51 p.m. and parked just east (to the right) of Murphy’s driveway, near 4949 Darien Drive.
SPD Officers John Canestrare and Benedict Rath arrived together at the same time and
parked across the street from Mr. Murphy’s house, in front of 4942 Darien Drive. The officers
left the headlights of both police SUVs on.
Officer Jensen stepped out of his SUV at 8:44:56 p.m. and walked to Mr. Murphy’s Honda
Civic, which was near the end of the driveway. The other SPD officers quickly joined him. When
Officers Jensen and Zollo shined their flashlights through the car’s windows, their BWCs
showed two high-capacity AR-15 ammunition magazines lying on the backseat.
At 8:45:18 p.m. Officer Jensen momentarily pointed his flashlight at the front of Mr. Murphy’s
house before he and the three other SPD officers ran and took cover behind their cars. At
8:45:23 p.m. Officer Jensen radioed control and advised that they had seen two AR magazines
in the back of the car and heard a firearm being racked in the house. (In written statements,
the three surviving officers said they heard a weapon being racked.) Control asked if Officer
Jensen wanted “the air.” He said, “yes please” and asked Control to send more county units.

From a crouched position beside his SUV, at 8:45:46 p.m., Officer Jensen yelled, “Syracuse
PD, lay down your weapon.”

Soon thereafter, at 8:46:07 p.m., Officer Jensen radioed Control and said, “430. Can I take
this to PTAC 16 [a private communication channel]?” Control said, “Copy.” At 8:46:20 p.m.
Officer Canestrare said, “Do you guys have eyes on him,” and Officer Jensen said, “No. No
eyes.” A few seconds later, Control said, “4945 Darien Drive.” Officer Jensen radioed, “430.”
Shortly thereafter, he repeated “430” two more times across the radio. At 8:47:05 p.m. his
BWC captured a female voice from Control saying, “Copy that. Do you want me to dupe that
call with the County’s call?” Several seconds later, the same female voice said, “Any unit
responding to 430’s call, switch to County Channel 1.”
At 8:47:25 p.m. Officer Jensen radioed, “430 to dispatch.” Speaking to Officer Zollo, he said,
“Why is no one fucking answering?” Several seconds later, at 8:47:32 p.m., Officer Jensen
turned toward the other SPD unit and said, “Hey. We got anyone behind the house?” Officer
Rath said, “We have a Sheriff posted up over here on this side. I’ve got nothing in this back
yard. I’ve got a clear visual into this house’s back yard.” Officer Jensen pointed his flashlight
toward 4941 Darien Drive and said, “Do we got county units over there?” Officer Rath said,
“It looks like we just have one. I don’t know how many are over there now.”
At 8:47:59 p.m., Officer Zollo said, “All right, let’s go to City Channel 1.” Several seconds
later, Officer Jensen radioed, “Hey. This is SPD unit 430. You got, you county boys…
anyone around back of the house?” Officer Jensen’s BWC did not record any response.

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At 8:48:13 p.m., there was a sudden barrage of gunfire, consisting of seven shots in rapid
succession. Officer Jensen radioed, “He’s firing off shots in the air.” Just as he was saying
“air” his BWC captured two more gunshots, then a series of three gunshots, during which
Officer Jensen radioed, “430. Shots fired.” After a brief pause, there was a single gunshot.
Officer Jensen said, “Oh, shit. That’s right there.” Officer Jensen yelled, “Hey.” Officer Rath
said, “Where is he?” Officer Jensen said, “I don’t know,” and then said, “That’s right there,
Jim.” There were two more shots, and Officer Jensen radioed, “We’ve got more shots fired.”
There was a series of four gunshots, and after a brief pause, there was a single gunshot.
At 8:48:45 p.m. Officer Zollo radioed, “430 on City 1. We’ve got shots fired over here.” A male
voice from Control said, “Copy. We’re working on patching channels here.” Shortly thereafter,
Officer Jensen said, “Does anyone have eyes on him?” Officer Canestrare’s BWC captured him
saying, “No. We gotta back up.” Officer Jensen said, “Back up where?”
At 8:49:02 p.m., Officer Jensen radioed, “430. Where is Air-1?” As he said those words, he
turned and his BWC showed that Officer Zollo was no longer beside him. Officer Zollo’s BWC
showed that he left the cover of the patrol vehicle and moved into the front yard of a house
across the street, at 4946 Darien Drive, at 8:49:00 p.m., taking cover behind a grouping of
birch trees.
A few seconds later, Dep. Bezek yelled “Get in your house. Get in your house,” Officer Jensen
seemed to misunderstand, saying, “He’s in the house?” Officer Rath’s BWC captured him
saying, “No. He’s saying, ‘stay in your house.’ He’s saying, ‘stay in your house.’”
Officer Jensen stayed in cover behind his car but shifted his position a few times. At 8:49:59
p.m., Mr. Murphy suddenly came around the front of Officer Jensen’s SUV and started firing
at him. Officer Jensen quickly moved toward the rear of the SUV as he returned fire,
discharging numerous rounds as he fell and while he lay on the roadway. Officer Jensen was
fatally injured; he stopped moving at 8:50:14 p.m.

Officer John Canestrare

The facts in this section, including the times, are based on Officer Canestrare’s BWC.
Officers Canestrare and Rath were in cover, behind their patrol unit across the street from Mr.
Murphy’s house, when Mr. Murphy first fired shots at 8:48:13 p.m. Officer Canestrare radioed,
“Shots fired” and remained in place. When the gunfire stopped, Officer Canestrare turned to
Officer Rath and said, “We gotta move.” Officer Rath said, “Where do you want to move to?”
Officer Canestrare said, “I don’t know.” Officer Canestrare loudly stated to the other SPD
officers, “We gotta back up.” Officer Jensen said, “Back up where?” Officer Zollo ran from his
position behind his and Officer Jensen’s car across the street to the front lawn of 4946 Darien
Drive. Officer Jensen remained next to his car.
At 8:49:34 p.m., Officer Canestrare asked Officer Rath, “Where you want to move to?” A
moment later, he turned toward Officer Rath and said, “What do you want to do?” Suddenly,

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at 8:49:59 p.m., gunfire erupted. When the shooting started Officer Canestrare turned around,
looked in the direction of the shots, and started shooting at Mr. Murphy. The BWC shows that
Mr. Murphy fell on the driveway of 4942 Darien Drive but was still moving and holding the
rifle; Officer Canestrare continued to fire. His BWC showed that he fired from 8:50:01 p.m. to
8:50:05 p.m.
Once Officer Canestrare stopped shooting, he repeatedly screamed, “Don’t fucking move,”
while Officer Rath yelled a similar command. Along with Officer Zollo, they rushed toward Mr.
Murphy. Officer Zollo reached Mr. Murphy first and pushed the rifle away from him. Officer
Rath grabbed the weapon and removed it from Mr. Murphy’s reach. Working together, Officers
Zollo and Canestrare placed Mr. Murphy in handcuffs.
In his written statement, Officer Canestrare said he “looked up and observed a white male
holding a long, black rifle with both hands.” Officer Canestrare said that as the male moved
across the front of Officer Jensen’s car he saw the man fire multiple rounds at Officer Jensen.
Officer Canestrare said he fired at the shooter because he feared for Officer Jensen’s life and
for his own safety, believing the man might shoot at him, other officers on scene, or innocent
civilians. Officer Canestrare said that he “began firing [his] firearm at the shooter to stop him
from shooting.” Officer Canestrare said the man continued to shoot as he moved across the
roadway and that the man eventually fell but was still holding the rifle, so Officer Canestrare
continued to fire until the man dropped the rifle.
Officer Canestrare’s BWC showed that after securing Mr. Murphy the officers ran to Officer
Jensen and found that he had a gunshot wound to his upper right chest. They loaded Officer
Jensen into a patrol unit so that he could be extricated from the scene, which occurred at
8:54:57 p.m.
Shortly after officers left with Officer Jensen, Officer Canestrare surveyed the scene and found
Officer Jensen’s service weapon in the street. He picked it up and secured it in his patrol
vehicle. His BWC showed that Officer Jensen’s gun was in the slide-locked-back position,
indicating that all rounds had been fired.

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The image above, taken from Officer Canestrare’s BWC, shows Mr. Murphy (circled) as he ran across Darien
Drive, one second after he began shooting at Officer Jensen.

The image above, taken from Officer Zollo’s BWC, shows Mr. Murphy lying in the driveway after he was shot.
Mr. Murphy’s rifle (circled in yellow) was immediately next to him, still within reach. Officer Canestrare (circled
in blue) was next to his patrol unit. Officer Jensen’s patrol unit appears on the right side of the image.

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Physical Evidence
Mr. Murphy’s Weapon
The weapon that Officer Rath removed from Mr. Murphy was an Anderson Manufacturing, AM-
15, multi-caliber semiautomatic rifle (serial # 19142568). It had a high-capacity magazine
that could accept up to 40 rounds of 5.56x45 caliber bullets. The Wallie Howard, Jr. Center
for Forensic Sciences (“Wallie Howard, Jr. Center”), which is overseen by the Onondaga County
Health Department, test fired the AM-15 rifle and issued a report stating that it was operable
with both laboratory and submitted 5.56x45mm caliber full-metal jacket cartridges.
The lab determined that in addition to being able to accept a detachable cartridge magazine,
the rifle also had a pistol grip that protruded below the action, a telescoping stock, and an
attached muzzle device. Based on the rifle’s composition, it constituted an “assault weapon”
under New York law, and it was unlawful for Mr. Murphy to possess it, under Penal Law Section
265.00(22)(a). According to “Firearms Trace Summary” provided by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), Mr. Murphy lawfully purchased the frame of the rifle
(a “receiver”) from “Gander Outdoors” in Cicero, NY, on September 9, 2019. It is unknown
when the weapon was modified to the configuration in which it was found on April 14, 2024.

The image above shows Mr. Murphy’s AM-15 semi-automatic rifle, after Officer Rath placed it in the front seat
of his patrol unit at the scene.

Officer Weapons
On April 14, 2024, SPD Officers Rath, Zollo, Canestrare, and Jensen each possessed a
department issued “Glock 17” 9mm semi-automatic pistol and two spare ammunition
magazines. After the incident, investigators examined each of their service weapons and
spare magazines to determine whether they had fired any rounds and, if so, how many. The
investigators took photos to document the condition of the pistols and magazines, and OSI
has reviewed those photos.

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The examination of Officer Rath’s pistol (serial # BMWN549) revealed that it was fully loaded
with ammunition, with one round in the chamber and 17 rounds in the inserted magazine.
Both of his spare magazines were fully loaded, each with 17 rounds of ammunition. Based on
the round count, Officer Rath did not fire any shots from his service weapon, which is
supported by his BWC.
The examination of Officer Zollo’s pistol (serial # BNDV913) revealed that it was fully loaded
with ammunition, with one round in the chamber and 17 rounds in the inserted magazine.
Both of his spare magazines were fully loaded, each with 17 rounds of ammunition. Based on
the round count, Officer Zollo did not fire any shots from his service weapon, which is
supported by his BWC.
The examination of Officer Canestrare’s pistol (serial # BNDV823) revealed that it was loaded
with two rounds of ammunition after the incident; there was one round in the chamber and
one round remaining in the inserted magazine. Both of his spare magazines were fully loaded,
each containing 17 rounds. Consequently, the inspection indicates that Officer Canestrare
fired 16 shots.
The examination of Officer Jensen’s pistol (serial # BNBG237) revealed that it was completely
empty and had no rounds of ammunition in the chamber or in the inserted magazine, which
indicates that he fired 18 shots. He did not use either of his spare magazines.
On April 14, 2024, Lt. Hoosock possessed a department issued “Glock 21” Gen4 .45 caliber
semiautomatic pistol (serial # RYA614). The examination of his pistol revealed that it was
loaded with one round in the chamber and 13 rounds in the inserted magazine, which had a
capacity of 13 rounds. Based on the round count, Lt. Hoosock did not fire any shots from his
service weapon, which is supported by his BWC.
Mr. Murphy’s Shell Casings
On April 15, 2024, OCSO crime scene officers examined the scene at and near 4945 Darien
Drive and found the following spent shell casings that were consistent with the type of
ammunition used by Mr. Murphy’s AM-15 semi-automatic rifle: twelve shell casings on the
rear patio deck; one shell casing on the stone pavers around the deck; three shell casings in
the grass near the stone pavers; two shell casings on the concrete sidewalk along the eastern
side of the garage, which leads to the front yard; five shell casings in the roadway near the
front of Officer Jensen’s patrol unit; eight shell casings on or near the eastern edge of the
paved driveway entrance at 4942 Darien Drive, where Mr. Murphy fell.
Officer Shell Casings
On April 15, 2024, SPD Sgt. Jeremy Butler found fourteen silver 9mm casings on the front
lawn of 4942 Darien Drive. On April 17, 2024, OCSO Dep. Timothy Hahn searched the property
again with a metal detector and found two additional silver 9mm casings near a large tree in
the front yard of 4942 Darien Drive. Based on Officer Canestrare’s position when he shot at
Mr. Murphy, these sixteen 9mm casings were likely discharged from his pistol.

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On April 15, 2024, investigators found fifteen silver 9mm casings in or near the roadway
around Officer Jensen’s patrol unit, a single silver 9mm casing in the driveway of Mr. Murphy’s
residence, as well as two silver 9mm casings in the grass near the driveway. Since Officer
Jensen had emptied his service weapon, these eighteen 9mm casings were likely discharged
from Officer Jensen’s pistol.

Medical Examiner

On April 15, 2024, Dr. Katrina Monday, a forensic pathologist with the Onondaga County
Medical Examiner’s Office in Syracuse, performed autopsies of Mr. Murphy, Officer Jensen,
and Lt. Hoosock.

According to her report, Dr. Monday determined that the cause of Mr. Murphy’s death was
“multiple gunshot wounds.” Dr. Monday’s report said Mr. Murphy sustained four
indeterminate-range gunshot wounds to the chest and abdomen, as well as multiple fragment
gunshot wounds to the left side of his head. Dr. Monday recovered four metallic projectiles
from Mr. Murphy’s torso and metal fragments from his head. Dr. Monday ruled the manner of
death as homicide.

According to the autopsy report for Mr. Murphy, the penetrating gunshot wound to the left side
of his abdomen went through his aorta. Dr. Monday advised OSI that, due to the nature of this
injury, medical intervention by police officers would have made no difference to Mr. Murphy’s
survival, as “the only possible lifesaving measure that may have helped would have been
cutting him open and cross clamping the aorta” (emphasis in original), which she explained
cannot be done in the field or even in an emergency room.

The ME’s Office sent a blood sample from Mr. Murphy to the Wallie Howard, Jr. Center for
toxicology testing. The Toxicology Report indicated “Positive” findings for cocaine and ethyl
alcohol. According to the Toxicology Report, quantitative analysis of his blood showed that Mr.
Murphy had a blood alcohol content (BAC) of 0.13%, and quantitative analysis of the vitreous
fluid from his eye showed that he had a BAC of 0.15%.

Dr. Monday determined that the cause of Officer Jensen’s death was a single gunshot wound
to the right side of his chest. She also noted that Officer Jensen had a graze gunshot wound
to his right arm. Dr. Monday ruled the manner of death as homicide.
Dr. Monday determined that the cause of Lt. Hoosock’s death was two “atypical gunshot
wounds” to the right side of his head. Dr. Monday ruled the manner of death as homicide.
The final autopsy reports for Officer Jensen and Lt. Hoosock both state that toxicology testing
was “negative for contributory substances.”

Ballistics Analysis

Officer Jensen’s and Officer Canestrare’s service weapons were submitted to the Wallie

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Howard, Jr. Center for ballistics analysis and comparison to the four projectiles that the ME’s
Office recovered from Mr. Murphy’s body. The lab test-fired Officer Canestrare’s Glock 17
pistol (serial # BNDV823) and Officer Jensen’s Glock 17 pistol (serial # BNBG237) using both
laboratory and submitted cartridges. The lab microscopically examined and compared the test
fired bullets from those weapons to the four projectiles that the ME’s Office recovered from
Mr. Murphy. As set forth in the Firearms Report, based on “observed agreement of class
characteristics and sufficient agreement of individual characteristics,” the lab determined
that three of the recovered projectiles were fired from Officer Canestrare’s pistol, and one was
fired from Officer Jensen’s pistol.
The lab also microscopically examined a metal fragment that the ME’s Office recovered from
Mr. Murphy’s head. The lab determined that the metal fragment was “unsuitable for
comparison due to damage and/or lack of individual characteristics.”

LEGAL ANALYSIS

Article 35 of the New York Penal Law defines the circumstances under which a person may
be justified in using deadly force against another. Justification is a complete defense to any
criminal charge involving one person’s use of force against another. Where evidence of
justification exists, the court must instruct the jury on justification. People v Padgett, 60 NY2d
142, 145 (1983).

Justification is a defense, not an affirmative defense, which means the prosecutor at trial
must disprove justification beyond a reasonable doubt, Penal Law Sections 25.00(1) and
35.00. Based on the evidence in this investigation, OSI concludes that a prosecutor would not
be able to disprove beyond a reasonable doubt that Officer Canestrare’s use of deadly
physical force against Mr. Murphy was justified.

Under Penal Law Section 35.15(1), the use of deadly physical force is authorized if the actor
reasonably believes that the other person is using or about to use deadly physical force, and
if the actor reasonably believes that deadly physical force is necessary to defend the actor or
another. If the actor is a police officer making or attempting to make an arrest for an offense,
the officer is under no duty to retreat before using deadly physical force, Penal Law Section
35.15(2)(a)(ii) and Penal Law Section 35.30(1).

In People v Goetz, 68 NY2d 96 (1986), and later in People v Wesley, 76 NY2d 555 (1990),
the Court of Appeals held that the phrase “reasonable belief” has both a subjective and
objective component. The subjective prong is satisfied if the defendant believed, “honestly
and in good faith,” that deadly force was about to be used against himself or herself at the
time deadly physical force was employed, and that the use of deadly physical force was
necessary to repel the danger, regardless of whether that belief was accurate or not. Goetz,
68 NY2d at 114. The objective prong is satisfied if a “reasonable person” under the same
“circumstances” could have held those same beliefs. Goetz, at 115. The Goetz Court also
said, “Statutes or rules of law requiring a person to act ‘reasonably’ or to have a ‘reasonable

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belief’ uniformly prescribe conduct meeting an objective standard measured with reference
to how ‘a reasonable person’ could have acted.” Goetz, at 112.

Although Officer Canestrare was not aware that Mr. Murphy had already shot and killed Lt.
Hoosock, he witnessed Mr. Murphy use deadly physical force against Officer Jensen. Mr.
Murphy was standing in the street and shooting at Officer Jensen when Officer Canestrare
first fired his weapon. Even after Mr. Murphy fell to the ground, he was still holding the rifle
and shooting. In his written statement, Officer Canestrare said he fired “at the shooter to stop
him from shooting.” Officer Canestrare said that he feared for his own safety, as well as the
safety of other officers and innocent civilians, and that he believed that Mr. Murphy might
shoot at him.
OSI concludes a prosecutor would not be able to disprove that it was reasonable for Officer
Canestrare to believe that he needed to use deadly physical force under these circumstances.
Therefore OSI will not seek charges against Officer Canestrare in connection with the death
of Mr. Murphy and closes the matter with the issuance of this report.

Dated: December 11, 2024

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