NYPD Cleared in Fatal Shooting of Knife-Wielding Daniel McAlpin

PINE BUSH, NY – A New York State Police officer is facing no charges after fatally shooting Daniel McAlpin on September 9, 2022, following a tense standoff in Ulster County. The findings were released today in a comprehensive report by Attorney General Letitia James’ Office of Special Investigation (OSI), detailing a chaotic scene where McAlpin, armed with a knife and what turned out to be an airsoft gun, confronted law enforcement.

The incident began around 8:35 p.m. when members of the New York State Police (NYSP) and the Ulster County Sheriff’s Office (UCSO) responded to a call for assistance from Ulster County Mobile Mental Health (MMH) counselors. Counselors were attempting a welfare check on McAlpin when he brandished a large knife and a weapon resembling a firearm, prompting them to request police backup. The MMH team sought to take McAlpin into custody under a Mental Hygiene Law 9.45 order.

According to the OSI report, officers arrived at McAlpin’s Pine Bush home and attempted to negotiate with him to come out voluntarily. After several minutes of unsuccessful attempts, and with permission from McAlpin’s mother, officers entered the unlocked residence. McAlpin retreated upstairs, and officers continued to demand he drop his weapons. The situation escalated rapidly when officers opened the stairway door at 9:23 p.m. and McAlpin began descending, swinging the knife in his right hand and firing plastic pellets from the airsoft gun with his left.

As McAlpin reached the bottom of the stairs, he turned towards an officer, extending his arm with the knife pointed at them. The officer, fearing for their life, stepped back and discharged their service weapon twice. McAlpin fell to the floor but continued to pose a threat, raising his hand and swinging the knife in an apparent attempt to get up. The officer fired three additional shots, striking McAlpin, who was pronounced dead at the scene. Officers recovered the knife and the airsoft rifle.

The OSI report meticulously reviewed body-worn camera footage, scene photographs, interviews with officers and MMH counselors, and expert forensic pathology analysis. Investigators determined that under New York’s justification law, the officer’s use of deadly force was reasonable given the circumstances. The report states that a prosecutor would be unable to disprove beyond a reasonable doubt that the officer reasonably believed their life was in danger when the initial shots were fired, or that the continued firing was justified by McAlpin’s continued aggressive actions with the knife.

“This was a tragic encounter,” stated the OSI report. “However, the evidence demonstrates that the officer acted in a manner consistent with New York law and established protocols for responding to a potentially deadly situation. While the loss of life is always regrettable, the investigation found no basis for criminal charges.” The full OSI report is available to the public, offering a detailed account of the events leading up to Daniel McAlpin’s death.

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