Pictured is a zoomed-in still from a deputy’s body worn camera.

The two officers who responded to a domestic dispute in Mina last summer where they ended up returning fire and killing the suspect after one of them was shot, will likely not face any charges.

State Attorney General Letitia James’ Office of Special Investigation (OSI) issued a Notification of Investigative Findings regarding the investigation into the death of Mark Bemis, who died in June following an encounter with members of the Chautauqua County Sheriff’s Office.

“Upon completion of the investigation into Mr. Bemis’ death, OSI has concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force was justified under the law,” the statement read.

A final Investigation Report is expected at a later date.

On June 18, 2025, two deputies went to Bemis’ house in response to a 911 call reporting a domestic dispute. The first deputy arrived at 3:54 p.m. and encountered Bemis, who was in the garage, holding a shotgun. The deputy took out 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.

For the next several minutes, the deputy – while behind the tree – repeatedly instructed Bemis to put the gun down. A second deputy arrived and took cover behind another tree. At one point, Bemis pointed his gun in the direction of the first deputy and refused commands from the deputy to lower it. The deputy and Bemis exchanged several rounds of gunfire, and the deputy was struck in his left hand. Both deputies then fired again, striking Bemis.

Bemus was pronounced dead at the scene. Investigators recovered a shotgun at the scene.

According to the statement by James’s office, pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.

In cases where the evidence and legal analysis are clear and the investigation is complete, OSI may issue a Notification of Investigative Findings announcing the conclusion of the investigation. In such cases, OSI will issue the final Investigation Report, as required by law, at a later date.

The incident was captured on the deputies’ body-worn cameras. In July, James’ office released the two videos.