Daniel McAlpin’s Death: NY AG OSI Clears Officers Involved in Incident

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its findings on the tragic death of Daniel McAlpin, who succumbed to injuries after an encounter with police in Ulster County. The OSI report, issued November 7, 2025, clears officers involved in the incident, stating that a prosecutor would not be able to disprove beyond a reasonable doubt that their actions were not justified under New York law.

McAlpin’s death occurred on September 9, 2022, following an incident with members of the New York State Police (NYSP) and the Ulster County Sheriff’s Office (UCSO). The OSI’s investigation was comprehensive, including forensic analysis of body-worn camera footage, scene photographs, interviews with involved officers and responding mental health counselors, and consultation with a forensic pathologist.

The evening of September 9 began when MMH counselors requested police assistance to take McAlpin into custody under a Mental Hygiene Law 9.45 order. McAlpin was found armed with a knife and what appeared to be an airsoft gun. After unsuccessful attempts to convince him to surrender peacefully, officers deployed their Taser, but McAlpin continued to wield the knife. A confrontation ensued, resulting in the shooting of McAlpin by an officer.

Under New York’s justification law, a police officer may use deadly physical force when they reasonably believe it is necessary to defend against the use of deadly physical force by another. The OSI concluded that the officer involved reasonably perceived his life to be in danger during the confrontation. Furthermore, since McAlpin continued to swing the knife after being shot, the additional shots were justified.

While the OSI cleared the officers, the death of Daniel McAlpin remains a somber reminder of the complexities surrounding police encounters and the use of force. The report emphasizes the need for ongoing dialogue between law enforcement and the communities they serve to ensure public safety without unnecessary loss of life.