State AG clears NYPD cops in fatal shooting of mentally ill man — but they still face internal trial

State Attorney General Letitia James won’t be pressing charges against the NYPD cops who shot and killed a mentally ill Queens man last year — but the cops still face an internal trial.

The cops who responded to Win Rozario’s Ozone Park home in March 2024, on reports of a person “on drugs,” were justified under department guidelines in shooting the 19-year-old after he lunged at them with a pair of scissors, James’ office said Thursday.

The two officers involved in Rozario’s death, Matthew Cianfrocco and Salvatore Alongi, are still facing pending disciplinary charges from the city’s Civilian Complaint Review Board.

The internal NYPD watchdog in September “substantiated” allegations of excessive force and abuse of authority against the cops, for which the pair could face punishment ranging from the loss of vacation days to termination.

Mayor-elect Zohran Mamdani, who has previously called for “justice” for Rozario and his family, said Thursday he was eagerly awaiting the outcome of the cops’ disciplinary trial.

“Win Rozario’s death was a senseless tragedy that brought pain to so many New Yorkers, most of all his loved ones,” Mamdani said in a statement.

“The NYPD is holding a disciplinary trial for the two officers involved, which is the correct course of action, and I closely await the outcome.”

The fatal, caught-on-bodycam encounter unfolded shortly before 2 p.m. on March 27, 2024, when police responded to the Rozario home, where they found the troubled teen with his mother and brother.

Rozario grabbed a pair of scissors while his mom tried to hold him back in the family living room.

One of the cops hit the troubled man with a stun gun, and his mother was able to push her son to the floor and take the scissors away from him, the report by the AG’s Office of Special Investigation said.

But the officers ordered the woman to stand back, and she placed the scissors on a kitchen chair — and shouted, “Don’t shoot,”

The same cop then fired a second blast from the Taser.

But Rozario grabbed the scissors again and moved at the officers — who fired the first of five shots.

“Put it down!” one of the cops shouted.

Rozario remained standing as both cops fired, until he went down, mortally wounded.

“Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force against Mr. Rozario was justified,” the AG report said. “Therefore, OSI determined that criminals charges would not be pursued.”

The report noted that a city mental health crisis team from the Behavioral Health Emergency Assistance Response Division was not available in the Queens precinct where the shooting happened — and would not have made a difference even if it was.

That’s because the 911 call was for a person “on drugs,” and the team does not respond to cases involving substance abuse, the attorney general said.

The report includes a recommendation to expand the BHEARD teams to more precincts and to widen the categories that qualify for intervention by the unit.

Mamdani, who won the mayoral election over former Gov. Andrew Cuomo last month, has pitched a new department that would see social workers respond to quality of life calls instead of cops.

The Queens assemblyman has asked NYPD Commissioner Jessica Tisch to stay on when he takes office in January.

But Mamdani’s prior anti-cop rhetoric has worried law and order pols and pundits in the city.

“What today’s decision does not change is our obligation to do everything in our power to ensure this does not happen again, our commitment to delivering the social services New Yorkers deserve, and our investment in both genuine public safety and justice for all,” his statement said.

The NYPD did not respond to a request for comment on the AG’s decision.