Death of Bashe McDaniel: N.Y. AG OSI Concludes Officer Use of Force Not Justified

New York – The grim details of the December 29, 2023 shooting death of Bashe McDaniel have been met with a chilling conclusion from the New York Attorney General Letitia James’ Office of Special Investigation (OSI). OSI today issued a Notification of Investigative Findings, stating that there is insufficient evidence for a prosecutor to disprove beyond a reasonable doubt that the officers’ use of deadly physical force was justified.

The young man, McDaniel, met his tragic end after being shot in front of 91-04 Sutphin Boulevard in Queens by two Metropolitan Transportation Authority (MTA) Police officers. The incident unfolded when the officers were attempting to handcuff McDaniel, who had fired a gun from his waistband area. A firearm was recovered at the scene, and ballistics evidence confirmed that McDaniel had discharged it.

According to OSI, the officers were searching for an individual following a report of sexual assault on Sutphin Boulevard when they encountered McDaniel, who matched a suspect photo. The struggle between them escalated, culminating in McDaniel being struck by his own firearm and then receiving fatal shots from the officers’ service weapons.

Video evidence of the incident was captured on the officers’ body-worn cameras, providing a chilling account of the confrontation. OSI’s assessment indicates that this tragic encounter falls under the jurisdiction of New York State Executive Law Section 70-b, which requires investigation into any police-related deaths.

In instances where OSI determines an officer may have caused death through act or omission, it conducts a thorough investigation. In this case, the evidence and legal analysis were clear enough to warrant the release of a Notification of Investigative Findings, with a final Investigation Report due at a later date.

This conclusion from OSI adds another layer of complexity to the city’s ongoing conversation about police use of force. The family of Bashe McDaniel will undoubtedly seek further clarity and justice as they navigate the aftermath of this senseless tragedy.