NEW YORK (AP) — 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.
