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New York Times
02-04-2025
- New York Times
Officer Won't Be Charged in Fatal Shooting of Boy Who Had Pellet Gun
The New York attorney general's office said on Wednesday that it would not file charges against a police officer who fatally shot a 13-year-old boy in Utica, N.Y., because it did not believe the evidence would convince a jury that the officer's use of force was unjustified. The killing of the boy, Nyah Mway, sparked outrage last year in Utica, particularly among its community of Karen refugees from Myanmar, a group to which Nyah belonged. Refugee families make up roughly one-quarter of Utica's population of 60,000, and more than half of those refugees are Karen. On the evening of June 28, three officers — Bryce Patterson, Patrick Husnay and Andrew Citriniti — approached Nyah and a friend because they matched the physical description of teenagers wanted in connection with a series of armed robberies in the area, prosecutors said. The police began to question the boys, but Nyah ran away when an officer asked if he could pat him down to search for weapons, according to a report released on Wednesday by the attorney general's Office of Special Investigation. Officer Patterson followed Nyah, who pulled what appeared to be a black handgun out of his coat and pointed it at the officer's chest, the report said. The officer tackled the boy, sending them both crashing onto the sidewalk, although Nyah did not loosen his grip on the weapon. As the boy lay on the sidewalk, Officer Husnay 'leaned over and fired a single shot into Nyah Mway's chest at close range,' the report said. He was taken to a nearby hospital and pronounced dead. The gun was later determined to be a pellet gun, although the report said it had been designed to look like a handgun. It was metal, painted matte black and had the Glock insignia stamped on both sides of it. It also had the words 'Officially Licensed Product of Glock' printed on the handle. '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 officer's use of deadly physical force against Mway was justified,' the attorney general, Letitia James, said in a statement. Nyah's family said in a statement that they were still reviewing the findings, but that 'no report — no matter how thorough — can ease the grief of losing a 13-year-old child who brought so much joy to our lives and to our community.' 'Nyah was a bright, funny and loving boy who had already overcome so much in his short life,' the statement said. 'Our family fled violence and persecution, seeking peace in the United States. We believed Utica to be a city that welcomed refugees. But on June 28, 2024, that belief was shattered.' Nyah's killing was the first time that a Karen person in the United States was killed by the police, Utica's mayor, Michael P. Galime, said at a meeting after the shooting. The Office of Special Investigation said in its report that investigators had compiled their account of the events leading up to Nyah's death by interviewing the officers and reviewing footage from their body-worn cameras, as well as by reviewing cellphone video filmed by a witness. Images from those videos, released on Wednesday, show the boy pulling what appears to be a handgun from his coat and pointing it at the police. In a joint statement on Wednesday, Mr. Galime and Utica's police chief, Mark Williams, said they were 'happy there can be some closure for the greater Utica community' over Nyah's death, which they described as 'tragic.' 'Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities,' they said. 'We are saddened that this tragedy ever had to occur, but we hope now we can all heal together and build the bridges that are needed.'
Yahoo
02-04-2025
- Yahoo
NYAG: No charges in Nyah Mway shooting
ALBANY, NY (WUTR/WFXV/WPNY) — The New York State Attorney General's office released their report on the June 28 death of Nyah Mway at the hands of Utica Police on Wednesday. According to a report by the New York State Attorney General's Office of Special Investigation — released on Wednesday, April 2 — after a thorough investigation of body-worn camera footage, among other things, was undertaken by the Office. They concluded that the shooting was justified they would not be pursuing criminal charges against the officers in the matter. Mway was killed during a struggle with Utica Police on Friday, June 28. At approximately 10 pm on June 28, Utica Police were patrolling an area in West Utica that had two armed robberies earlier that month, including one on June 27. Officers approached Mway and another person, who matched descriptions from the armed robbery on June 27. As they engaged with both persons, Mway fled on foot. According to the report, Mway displayed what appeared to be a handgun and pointed it at the officer giving chase behind him. A struggle then ensued, at which point a second officer fired his weapon, striking Mway. Mway was transported to the Wynn Hospital, where he was pronounced dead. Further investigation found a pellet gun at the scene, which was recovered and secured by police. According to the OSI's report, given the law and the evidence, a prosecutor would not be able to disprove the justification of the officer's use of deadly force. Therefore, the Office of Special Investigation would not be pursuing criminal charges. The City of Utica's Department of Public Safety issued the following statement on the ruling: With the release today's report from the Attorney General's Office we are happy that there can be some closure for the greater Utica community regarding the tragic death of Nyah Mway on June 28th, 2024. Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities, and we feel that those connections have never been stronger than they are today. Our goal from that day and every day since has been to ensure that our department is viewed as a strong partner and trusted entity to the public. Through procedural justice methods, training, and most importantly transparency, we will work to make certain those goals are met. As has been the case all along, this investigation has had a two pronged approach; the Attorney General's and our internal Professional Standards portion. Now that the Attorney General's report has been completed, we will finalize ours after we have convened a Use of Force Review Board as dictated by our policy, but we are pleased that The Attorney General has cleared our officers of criminal wrongdoing We are saddened that this tragedy had to ever occur, but we hope now we can all heal together and build the bridges that are needed. The City of Utica's Department of Public Safety, in a statement on the ruling. You can read the full report from the Office of Special Investigation below: osi-nyah-mway-reportDownload Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
21-03-2025
- Yahoo
After 17-month investigation, Onondaga County deputy whose gunshots killed two teenagers won't be prosecuted by State Attorney General
SYRACUSE, N.Y. (WSYR-TV) — The Onondaga County deputy sheriff whose gunshots killed two teenagers in a stolen car he thought was going to run him over will not face criminal charges after a 17-month investigation. Notre Dame loses Miles to injury in Women's NCAA Tournament opener Are drivers ditching Teslas? Edmunds reveals findings No. 12 seed Colorado State upsets Memphis 78-70 in March Madness How to watch NASCAR's Xfinity Cup Series at Homestead-Miami Speedway County to invest $4M on CNY Regional Market's Park Street kitchen Three gunshots fired by Deputy John Rosello into the moving Hyundai-brand car killed 15-year-old Lueth Mo and 17-year-old Dhal Apet in the early morning of September 6, 2023. As a result of extensive work by the New York State Attorney General's Office of Special Investigation, prosecutors feel they 'couldn't disprove beyond a reasonable doubt that his actions were justified.' While clearing him criminally, the office does criticize Deputy Rosello's failure to activate his uniform-worn camera and calls out his choice to turn off his vehicle's dashboard camera just before the shooting. After reports of suspicious activity were called into 911, Rosello responded to a parking lot at the intersection of Danzig Street and Poznan Avenue in the Town of DeWitt. The neighborhood is near Midler Park Drive. Rosello accurately suspected he was dealing with the suspects of a burglary he responded to not even 45 minutes earlier at Prince's Smoke Shop in Mattydale. While Rosello failed to activate his uniform-worn camera and turned off his vehicle's dashboard camera, a nearby doorbell camera recorded the only known video of the incident. When they saw the officer's cruiser approaching, suspects who had been exchanging stolen goods between vehicles ran into the two vehicles, one of which sped away. As Rosello pulled up, he tried to block the remaining vehicle, which was able to back up into bushes and maneuver an exit. As the car pulled away, the video showed the vehicle moving in the officer's direction and getting dangerously close. To determine whether Rosello's gunfire was justified, the Office of Special Investigation worked with experts to enhance the video quality. 'The video does not clearly show the precise moments or angles of Dep. Rosello's shooting,' said investigators. In consultation, a shooting reconstruction expert told the Attorney General's Office that 'the first shot was not fired until the Hyundai had started accelerating towards (the officer) and he ceased firing his weapon before the Hyundai fully passed him.' But, the third and final shot was fired when the vehicle was 'no longer in a position to strike the deputy.' The most helpful testimony to clearing Rosello of wrongdoing was from a 'use of force' expert, Ashley Heiberger, interviewed by the Attorney General's investigators. 'Such use of deadly force would have been in accordance with generally accepted law enforcement practices,' she said, according to the written report. She said Rosello 'did not engage in a 'preemptive strike,'' but, 'held his fire until the potential threat, the car, became an imminent threat by moving toward him.' In defense of Rosello's third shot, which investigators say was after the imminent danger had passed, the expert said it was 'not outside acceptable parameters' because of how long it takes a human's brain to perceive and respond to a change in threat level. The third teen in the vehicle at the time of the shooting, who was driving, told investigators 'he did not intend to hit the deputy and did not feel the deputy was in danger of being hit because there was plenty of space in the parking lot.' Through an attorney, the Office of Special Investigation says Deputy Rosello refused a request to be interviewed. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
