The New York Attorney General's Office has released the results of its investigation into the fatal police shooting of Daniel McAlpin, who died during a confrontation with law enforcement in September of last year. The press release states that the Office of Special Investigation (OSI) concluded that no criminal charges will be filed against the officers involved, citing that the evidence does not indicate their actions were unlawful under state law.
The incident in Ulster County started when officers went to help Mobile Mental Health (MMH) counselors who were trying to take Daniel McAlpin into custody under a mental health law. McAlpin had been seen with what looked like a black BB or airsoft gun and a large knife. As part of the investigation, officers and MMH counselors were interviewed, body camera footage was reviewed, and a forensic expert was consulted. The investigation found that it would be difficult for a prosecutor on the scene to prove that the officers’ use of deadly force was illegal. When entering McAlpin's home with permission from his mother, officers first tried to negotiate and then used a Taser. The situation escalated when McAlpin moved toward them with the knife and fired the airsoft gun.
During the encounter, an officer fired five shots at McAlpin when he reportedly came down the stairs toward the officers with a knife in a threatening manner. The OSI report stated in a press release, "Mr. McAlpin continued to come down the stairs with the weapons in his hands and swung the knife in the direction of an officer." After the initial shots did not stop McAlpin, the officer fired additional rounds, which resulted in his death. Law enforcement officials stated that they faced an immediate threat from McAlpin during the incident.
OSI recommended that the New York State Police (NYSP) improve how they respond to mental health crises by involving mental health professionals. The report suggests that officers stay at the scene to keep it safe until crisis negotiators or mental health experts arrive.
