The Office of Special Investigation issued a Notification of Investigative Findings on April 3, 2026, clearing the deputies in the June 18, 2025 shooting death of Bemis, who was armed with a shotgun when deputies responded to a 911 domestic dispute call at his residence. The investigation found that the officers' use of deadly force was legally justified under New York law.
The incident began when the first deputy arrived at Bemis' house at 3:54 p.m. and encountered him in the garage holding a shotgun. When the deputy drew his service weapon and instructed Bemis to drop his weapon, Bemis fired a shot into the air and the deputy took cover behind a tree. During the ensuing standoff, Bemis pointed his gun directly at the first deputy and refused commands to lower it.
The confrontation escalated when Bemis and the deputies exchanged gunfire, with one deputy struck in his left hand. Both deputies then fired again, fatally striking Bemis, who was pronounced dead at the scene. A second deputy had arrived during the incident and also took cover behind a tree. Investigators recovered Bemis' shotgun at the scene.
The shooting was captured on the deputies' body-worn cameras, providing crucial evidence for OSI's investigation. Under New York State Executive Law Section 70-b, OSI is required to investigate every incident where a police officer may have caused a person's death, regardless of whether the officer was on or off duty or whether the decedent was armed or in custody.
OSI's conclusion that the use of force was justified reflects the legal standard that prosecutors must prove beyond a reasonable doubt that an officer's actions were not justified under the circumstances. The office noted that when evidence and legal analysis are clear, it may issue preliminary findings before releasing a full Investigation Report.
The case demonstrates OSI's systematic approach to officer-involved fatality investigations, established to provide independent oversight of such incidents. OSI will issue a final Investigation Report at a later date, as required by law, which will provide additional details and analysis of the incident.