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NY cop cleared of criminality in shooting death of 13-year-old armed with pellet gun, AG rules
NY cop cleared of criminality in shooting death of 13-year-old armed with pellet gun, AG rules

Yahoo

time03-04-2025

  • Yahoo

NY cop cleared of criminality in shooting death of 13-year-old armed with pellet gun, AG rules

The police officer who shot and killed a 13-year-old in upstate New York during a robbery investigation last summer has been cleared by state investigators of criminal wrongdoing. New York Attorney General Letitia James's office released an investigative report Wednesday concluding that Utica Police Officer Patrick Husnay should not be charged with a crime for killing teen Nyah Mway on June 28, 2024. Mway and another unidentified teen were stopped by three police officers in Utica, NY, as the pair fit the description of two people wanted in an armed robbery in the area the night before, the report stated. Bodycam footage of the incident shows the 13-year-old running away from the officers — setting off a chase that would ultimately end in his death. As he was fleeing, Mway pointed what appeared to be a black handgun — but was really a pellet gun — at the pursuing Utica Police Officer Bryce Patterson. The officer said he could see the black barrel of the object pointing at his chest and believed that he was going to be shot and killed, the report stated. While at a full sprint, Patterson tackled Mway to the ground and struggled for the weapon, at which time officers Husnay and Andrew Citriniti caught up to the ongoing fight for what they believed was a handgun, the report stated. Officer Husney then leaned over and fired a single shot into the chest of Mway at close range, according to the report and bodycam footage. The young teen was taken to Wynn Hospital, where he was later pronounced dead. The attorney general also released a recording of a bystander's TikTok of the chase and shooting as part of the report, which shows the dramatic moment Mway is tackled and shot by the UPD officers. Additionally, James shared information on two armed robberies that the officers were investigating — in which victims said two Asian teenagers robbed them at gunpoint. Video from a June 12, 2024 robbery shows two apparent males in hoodies and face masks approach an unsuspecting victim on the street, with a person in a red sweatshirt whipping out what appears to be a handgun. The victim in that case was robbed of all his belongings and told cops the assailants were about 5'5' and that he could tell they were Asian 'because of their facial features, mainly the eyes,' according to the report. A second incident on June 27, 2024, saw two people fitting the same description robbing another victim using what appeared to be a handgun just a few blocks away from the previous incident. Mway and the other unidentified minor fit the description of the two perps wanted for the June 27 incident, according to James' report. During the police interaction on the fateful night, cops said Mway kept his hoodie over his head and was instructed by officers twice to keep his hands out of his pockets. The 13-year-old also sparked cops' suspicions by apparently 'pinning his arm to his waistband,' in an apparent attempt to conceal the pellet gun, according to the report. Mway was carrying a hyper-realistic pellet gun replica of a Glock 17 that featured the words 'Officially Licensed Product of Glock' with a company logo on the side of the piece, the report stated. James found that the cops were justified in using deadly force in the incident as it was reasonable for the officers to believe that their lives were threatened with a firearm.

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June
Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

CNN

time03-04-2025

  • CNN

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

A police officer in upstate New York will not face criminal charges in the fatal shooting of a 13-year-old boy who pointed what turned out to be a BB gun, state Attorney General Letitia James announced Wednesday. Nyah Mway was shot and killed after he fled from officers questioning him and another teen on a residential street in Utica on the night of June 28, 2024. Officer Patrick Husnay chased Mway, tackled him to the ground and fired a single shot into his chest. He was taken to a hospital where he died. James, in releasing her office's 18-page review of the shooting, concluded prosecutors would not be able to prove beyond a reasonable doubt that the officer's actions were unjustified. Husnay and two other officers had approached Mway because he matched the description of a suspect involved in an armed robbery the previous night, she said. Mway fled when officers attempted to pat him down. He then pulled out what appeared to be a handgun and aimed it at an officer. 'Under New York's justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another,' James stated. Mway, whose family name is Nyah, was a Karen refugee born in Myanmar. He had just graduated from middle school and was set to start high school in the fall. His family, in an emailed statement, said it was reviewing James' report but thanked her office for investigating. 'Regardless of what the report concludes, we know what we lost. We know what we experienced,' the statement reads. 'Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued.' The family and other Karen community members had called for police to be held accountable, as Mway was already subdued and on the ground when he was shot. Body camera videos released by police in the days after the killing showed a chaotic scene. The officers scream 'gun!' before one of them tackles him and punches him. Another officer opens fire as the two wrestle on the ground while bystanders scream at police. Police also released images showing the BB gun Mway pointed closely resembled a Glock 17 Gen 5 handgun. They also noted it did not have an orange band on the barrel that many BB gun-makers have added in recent years to distinguish their products from real firearms. Utica Police Chief Mark Williams and Mayor Michael Galime, in a joint statement Wednesday, said they were 'pleased' James' office cleared the officers of criminal wrongdoing. They expressed hope the city could heal after the tragedy. 'Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities,' the statement read. 'We feel that those connections have never been stronger than they are today.' Husnay and the Utica police officers union didn't immediately respond to emails seeking comment late Wednesday. Karens are an ethnic minority warring with the military rulers of Myanmar, which was formerly known as Burma. Utica, located about 240 miles northwest of Manhattan, is home to more than 4,200 people from Myanmar. They're among thousands of refugees from various countries who have settled in the area in recent decades.

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June
Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

NBC News

time03-04-2025

  • NBC News

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

NEW YORK — A police officer in upstate New York will not face criminal charges in the fatal shooting of a 13-year-old boy who pointed what turned out to be a BB gun, state Attorney General Letitia James announced Wednesday. Nyah Mway was shot and killed after he fled from officers questioning him and another teen on a residential street in Utica on the night of June 28, 2024. Officer Patrick Husnay chased Mway, tackled him to the ground and fired a single shot into his chest. He was taken to a hospital where he died. James, in releasing her office's 18-page review of the shooting, concluded prosecutors would not be able to prove beyond a reasonable doubt that the officer's actions were unjustified. Husnay and two other officers had approached Mway because he matched the description of a suspect involved in an armed robbery the previous night, she said. Mway fled when officers attempted to pat him down. He then pulled out what appeared to be a handgun and aimed it at an officer. 'Under New York's justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another,' James stated. Mway, whose family name is Nyah, was a Karen refugee born in Myanmar. He had just graduated from middle school and was set to start high school in the fall. His family, in an emailed statement, said it was reviewing James' report but thanked her office for investigating. 'Regardless of what the report concludes, we know what we lost. We know what we experienced,' the statement reads. 'Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued.' The family and other Karen community members had called for police to be held accountable, as Mway was already subdued and on the ground when he was shot. Body camera videos released by police in the days after the killing showed a chaotic scene. The officers scream 'gun!' before one of them tackles him and punches him. Another officer opens fire as the two wrestle on the ground while bystanders scream at police. Police also released images showing the BB gun Mway pointed closely resembled a Glock 17 Gen 5 handgun. They also noted it did not have an orange band on the barrel that many BB gun-makers have added in recent years to distinguish their products from real firearms. Utica Police Chief Mark Williams and Mayor Michael Galime, in a joint statement Wednesday, said they were 'pleased' James' office cleared the officers of criminal wrongdoing. They expressed hope the city could heal after the tragedy. 'Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities,' the statement read. 'We feel that those connections have never been stronger than they are today.' Husnay and the Utica police officers union didn't immediately respond to emails seeking comment late Wednesday. Karens are an ethnic minority warring with the military rulers of Myanmar, which was formerly known as Burma. Utica, located about 240 miles northwest of Manhattan, is home to more than 4,200 people from Myanmar. They're among thousands of refugees from various countries who have settled in the area in recent decades.

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June
Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

Washington Post

time03-04-2025

  • Washington Post

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

NEW YORK — A police officer in upstate New York will not face criminal charges in the fatal shooting of a 13-year-old boy who pointed what turned out to be a BB gun, state Attorney General Letitia James announced Wednesday. Nyah Mway was shot and killed after he fled from officers questioning him and another teen on a residential street in Utica on the night of June 28, 2024. Officer Patrick Husnay chased Mway, tackled him to the ground and fired a single shot into his chest. He was taken to a hospital where he died. James, in releasing her office's 18-page review of the shooting, concluded prosecutors would not be able to prove beyond a reasonable doubt that the officer's actions were unjustified. Husnay and two other officers had approached Mway because he matched the description of a suspect involved in an armed robbery the previous night, she said. Mway fled when officers attempted to pat him down. He then pulled out what appeared to be a handgun and aimed it at an officer. 'Under New York's justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another,' James stated. Mway, whose family name is Nyah, was a Karen refugee born in Myanmar. He had just graduated from middle school and was set to start high school in the fall. His family, in an emailed statement, said it was reviewing James' report but thanked her office for investigating. 'Regardless of what the report concludes, we know what we lost. We know what we experienced,' the statement reads. 'Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued.' The family and other Karen community members had called for police to be held accountable , as Mway was already subdued and on the ground when he was shot. Body camera videos released by police in the days after the killing showed a chaotic scene. The officers scream 'gun!' before one of them tackles him and punches him. Another officer opens fire as the two wrestle on the ground while bystanders scream at police. Police also released images showing the BB gun Mway pointed closely resembled a Glock 17 Gen 5 handgun. They also noted it did not have an orange band on the barrel that many BB gun-makers have added in recent years to distinguish their products from real firearms. Utica Police Chief Mark Williams and Mayor Michael Galime, in a joint statement Wednesday, said they were 'pleased' James' office cleared the officers of criminal wrongdoing. They expressed hope the city could heal after the tragedy. '​Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities,' the statement read. 'We feel that those connections have never been stronger than they are today.' Husnay and the Utica police officers union didn't immediately respond to emails seeking comment late Wednesday. Karens are an ethnic minority warring with the military rulers of Myanmar, which was formerly known as Burma. Utica, located about 240 miles (400 kilometers) northwest of Manhattan, is home to more than 4,200 people from Myanmar. They're among thousands of refugees from various countries who have settled in the area in recent decades.

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June
Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

CNN

time03-04-2025

  • CNN

Upstate New York officer won't face criminal charges after fatally shooting a 13-year-old in June

A police officer in upstate New York will not face criminal charges in the fatal shooting of a 13-year-old boy who pointed what turned out to be a BB gun, state Attorney General Letitia James announced Wednesday. Nyah Mway was shot and killed after he fled from officers questioning him and another teen on a residential street in Utica on the night of June 28, 2024. Officer Patrick Husnay chased Mway, tackled him to the ground and fired a single shot into his chest. He was taken to a hospital where he died. James, in releasing her office's 18-page review of the shooting, concluded prosecutors would not be able to prove beyond a reasonable doubt that the officer's actions were unjustified. Husnay and two other officers had approached Mway because he matched the description of a suspect involved in an armed robbery the previous night, she said. Mway fled when officers attempted to pat him down. He then pulled out what appeared to be a handgun and aimed it at an officer. 'Under New York's justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another,' James stated. Mway, whose family name is Nyah, was a Karen refugee born in Myanmar. He had just graduated from middle school and was set to start high school in the fall. His family, in an emailed statement, said it was reviewing James' report but thanked her office for investigating. 'Regardless of what the report concludes, we know what we lost. We know what we experienced,' the statement reads. 'Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued.' The family and other Karen community members had called for police to be held accountable, as Mway was already subdued and on the ground when he was shot. Body camera videos released by police in the days after the killing showed a chaotic scene. The officers scream 'gun!' before one of them tackles him and punches him. Another officer opens fire as the two wrestle on the ground while bystanders scream at police. Police also released images showing the BB gun Mway pointed closely resembled a Glock 17 Gen 5 handgun. They also noted it did not have an orange band on the barrel that many BB gun-makers have added in recent years to distinguish their products from real firearms. Utica Police Chief Mark Williams and Mayor Michael Galime, in a joint statement Wednesday, said they were 'pleased' James' office cleared the officers of criminal wrongdoing. They expressed hope the city could heal after the tragedy. 'Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities,' the statement read. 'We feel that those connections have never been stronger than they are today.' Husnay and the Utica police officers union didn't immediately respond to emails seeking comment late Wednesday. Karens are an ethnic minority warring with the military rulers of Myanmar, which was formerly known as Burma. Utica, located about 240 miles northwest of Manhattan, is home to more than 4,200 people from Myanmar. They're among thousands of refugees from various countries who have settled in the area in recent decades.

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