BROOKLYN — New York Attorney General Letitia James's Office of Special Investigation determined that prosecutors would not be able to disprove beyond a reasonable doubt that Lt. Richard Custodio was unjustified in the fatal shooting of Royston Bacchus. Custodio will not be prosecuted for the fatal use of force against Bacchus.

The Office of Special Investigations has a mandated protocol to investigate all deaths caused by police in New York State. Investigators interviewed officers involved in the incident, reviewed forensic and ballistics evidence, and reviewed body-cam footage before dropping the case.

The fatal shooting occurred on Oct. 5 following a foot pursuit through East Flatbush. Custodio and five other police officers chased Bacchus in response to a 911 report of harassment and a violation of an order of protection.

Bacchus matched the description of the suspect in the 911 report. Police spotted Bacchus near E. 86th St. and Ave. B around 9:06 a.m. Bacchus led police about a block and a half away to E. 86th St. and Coventry Road.

Video shows Bacchus standing in the middle of the street as officers shouted commands to drop the gun. Custodio was heard yelling "Drop it!" 10 times at Bacchus. Several other officers simultaneously shouted commands at Bacchus. Bacchus backed up toward the curb while clutching a gun in his left hand. Bacchus was heard saying he wanted to be shot, raised his gun slightly, and pointed it in Custodio's direction.

Custodio fired a single shot at Bacchus. Bacchus was struck in the chest and immediately fell onto the curb. Officers restrained Bacchus with handcuffs and performed CPR.

Medics transported Bacchus to Kings County Hospital, where he died. Bacchus was 28 years old at the time of the incident. Police recovered a loaded firearm at the scene. The NYPD released a photo of the recovered firearm.

The Office of Special Investigations determines whether police use of force meets the legal standard for criminal prosecution under state law. Its protocol requires a review of every police-involved death. The decision not to prosecute concludes the agency's investigation into the Oct. 5 incident in Brooklyn.