New York Attorney General Letitia James’ Office of Special Investigation reported the investigation showed that Mr. Gordon fired at the officer first, and then appeared to threaten the other officer with his gun after he fell. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officer who fired was justified, and OSI determined that criminal charges could not be pursued against the officer.
In October, Tocsin Magazine obtained audio of a woman claiming to be an employee of Family Dollar during the night of a police-involved homicide. During the 911 call, the employee stated a manager was being held at gunpoint. However, a witness standing at the cash register during the alleged robbery never saw a gun. The witness, who was standing a few feet away, stated he didn't realize a crime was in progress until the police showed up. Authorities released an edited version of what was reported as a shootout. Unfortunately, the bodycam footage did not reveal a visible weapon.
In a second audio recording, authorities met with family members to go over the video and audio of the incident. Someone in the audio recording suggested Gordon was shooting from his left hand. Tocsin Magazine analyzed the bodycam footage released to the public. But, could not verify Gordon was holding a weapon or fired a gun.