AG report: Suffolk officers won't face charges in 2023 fatal shooting of Alan Weber, of East Northport

New York Attorney General Letitia James’ office has closed its investigation into the death of an East Northport man who was fatally shot by Suffolk police after he charged at two officers while armed with fencing swords during a confrontation with police at his home in 2023.

The attorney general's Office of Special Investigation said it would not file criminal charges in the death of Alan Weber, 54. Investigators, according to a report issued Thursday, "concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law."

Weber, an elite fencer who won a medal for the United States in the 1995 Pan American Games, was wearing a fencing mask and holding two fencing swords during a confrontation with police before he was fatally shot on Oct. 10, 2023, James’ office said.

Suffolk police declined to comment on the attorney general’s report.

A 911 caller said Weber was going through mental health issues and had been arguing with a neighbor shortly before he was shot, the report said. A second 911 caller told police that a person at Weber’s address was wrecking the home by breaking things, yelling and "just going crazy."

Suffolk police entered the home and found the house in disarray. Loud music was playing, the report said, and a toilet was smashed. The officers, Sergio Vigario and Claudio Barrios, found Weber in the rear of the basement, wearing the fencing mask and armed with a fencing sword in each hand, the report said.

Barrios aimed his Taser at Weber and ordered him to put down the swords, telling Weberhe would be shocked with a Taser if he did not comply. "No, you put it down," Weber told the police, according to the attorney general’s report. "I don’t care."

Weber took a step forward and Barrios discharged his Taser. Weber turned away, but the Taser did not appear to incapacitate him. When Weber turned toward the officers, Barrios fired his Taser again. Weber ran at the officers, still holding the swords. Vigario shot Weber seven times, the report said.

"Officer Vigario said he feared for his own and his partner’s physical safety, and fired his gun multiple times at Mr. Weber, causing Mr. Weber to drop the swords and fall to the floor." the report said. "Officer Vigario said he stopped shooting as soon as he thought Mr. Weber could no longer stab him or his partner."

The officers performed CPR on Weber, who was taken to Huntington Hospital. He died of his injuries at the hospital, officials said.

Under New York State law, the Attorney General’s Office of Special Investigations is required to conduct a preliminary assessment of situations where police officers, correction officers and other law-enforcement officials may be responsible for a death. If the Office of Special Investigations determines the officer may have caused the death, investigators will then conduct a full investigation.