Yesterday, Attorney General Letitia James' Office of Special Investigation (OSI) publicly disclosed its findings on the death of Nyah Mway, a man fatally shot by the Utica Police Department (UPD) on June 28, 2024, in Utica. The comprehensive OSI report, drawn from body camera footage, civilian video, and law enforcement testimonies, concluded that a prosecutor could not successfully challenge the actions of the officer who shot Mway beyond a reasonable doubt, as per New York's justification laws. This legal closure comes amidst conflicting community reactions and a nuanced dialogue on police use of force, as per the Attorney General's Office.
Mway's encounter with the police occurred following heightened patrolling in the Sunset Avenue and Shaw Street area, where two armed robberies had been reported earlier, including the night before. In their patrol car, officers noticed Mway and another individual who matched the suspects' descriptions from the previous robbery. Mway chose to flee after officers approached, initiating a chase which led to the capture of footage of the incident from a body-worn camera, per a report released by OSI, detailed on the official Attorney General's website.
The report elaborates that when officers caught up to Mway, he displayed what looked like a handgun and aimed it at an officer. In the ensuing altercation, another officer discharged his service weapon, striking Mway. Despite emergency medical efforts, Mway was declared dead at a local facility. The weapon in his possession was later identified as a pellet gun, potentially exacerbating the tragedy of the event due to its non-lethal nature.
The justification for the UPD officer's use of deadly force, as detailed by OSI, rests on the legal threshold that a police officer is permitted to use such force when they reasonably believe it is essential to defend against another's use of deadly physical force. In Mway's case, the officers' need to act is accentuated by the preconceived notion of a firearm in play, which later turned out to be a pellet gun, according to the same press release.
The investigation is over, and no criminal charges will be filed. Public opinion is still divided. Some people accept the legal explanation, while others question the training and methods that led to the fatal incident. Nyah Mway's death, now officially documented as a case of justified use of force.
