Queens Shooting: MTA Cops Justified in Killing Bashe McDaniel

NEW YORK – A Queens man is dead after a violent struggle with Metropolitan Transportation Authority (MTA) police on December 29, 2023, and New York Attorney General Letitia James’ Office of Special Investigation (OSI) has just released a report concluding the officers’ actions were legally justified. The deceased, identified as Bashe McDaniel, died after being shot by officers responding to a report of a sexual assault.

The incident unfolded shortly after 10 p.m. on Sutphin Boulevard in Queens. Two MTA officers were actively searching for a suspect in connection with an alleged sexual assault. They spotted Bashe McDaniel, who they believed matched the description of the alleged assailant, and attempted to make an arrest. According to the OSI report, McDaniel resisted, refusing to be handcuffed, and a physical altercation ensued.

The struggle quickly escalated, with both officers and McDaniel falling to the ground. The report details that officers repeatedly ordered McDaniel to stop resisting and warned him about the use of a taser if he didn’t comply. However, the situation took a deadly turn when McDaniel’s own firearm, located in his waistband, discharged, striking him in the abdomen.

The OSI report states that after the initial shot, McDaniel rolled onto his back and pointed the gun at one of the officers. At that point, both officers discharged their service weapons, hitting McDaniel. He was rushed to a local hospital, where he was pronounced dead. A firearm was recovered at the scene.

The critical question for OSI was whether the officers were justified in using deadly force. New York law permits officers to use such force when they reasonably believe it’s necessary to defend against the use of deadly physical force by another. Given that McDaniel had already discharged a firearm, and then pointed it at an officer, the OSI concluded that a prosecutor would be unable to prove beyond a reasonable doubt that the officers’ actions were unlawful.

“Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force against Bashe McDaniel was justified,” the report states. As a result, OSI has determined that criminal charges will not be pursued in this case. The full OSI report is available to the public, offering a detailed account of the investigation, including review of body-worn camera footage, security camera footage, and interviews with officers and a witness.