
The New York Attorney General's Office has made public its findings from a probe into the fatal shooting of Bashe McDaniel by MTA Police officers. According to an announcement from the office of Attorney General Letitia James, the investigation has concluded, and there will be no charges as a prosecutor would not be able to refute the justifiable use of force by the officers beyond a reasonable doubt.
The incident occurred on the night of December 29, 2023, when McDaniel was approached by the officers as a suspect in a sexual assault case. A struggle ensued after the officers attempted to handcuff McDaniel, who had matched the description and photograph they possessed. The investigation revealed that McDaniel's weapon discharged, hitting him in the abdomen, as he resisted arrest which, led to the officers firing their weapons in response.
In line with standard protocol, the encounter and ensuing gunfire were recorded on the officers' body cameras. The Office of Special Investigation is tasked with reviewing such incidents, particularly when they involve police conduct, and the death of a civilian, regardless of the circumstances surrounding the individual's armed status. This remit is defined under New York State Executive Law Section 70-b and applies whether the officer involved is on or off duty.