Nyah Mway Death Ruled Justified by NY AG’s OSI

New York – A report from the Office of Special Investigation (OSI) under Attorney General Letitia James has deemed the death of Nyah Mway, who died following a police shooting in Utica, justified. The OSI concluded that a prosecutor could not disprove beyond a reasonable doubt that the officer’s use of deadly force was unwarranted.

Mway died on June 28, 2024, after an encounter with the Utica Police Department (UPD). During the incident, Mway was believed to be involved in an armed robbery. After officers attempted to frisk him and he fled, a struggle ensued, leading to Mway pointing what appeared to be a handgun at an officer. The officer fired his service weapon, killing Mway.

The OSI conducted a thorough investigation, including reviewing body camera footage, civilian cell phone videos, interviews with involved officers, and legal analysis. Under New York law, officers may use deadly physical force when they reasonably believe it necessary to defend against the use of deadly force by another person. The OSI determined that under these circumstances, the officer’s actions were justified.

On the evening of June 28, UPD officers were responding to reports of armed robberies in the area. Mway and another individual matched descriptions of suspects from a previous night’s incident. Following the struggle with Mway, officers recovered a pellet gun at the scene.

The OSI report states that a prosecutor would not be able to disprove beyond a reasonable doubt that the officer’s use of deadly force was unjustified, and thus, no criminal charges will be pursued.

This ruling adds another layer to the ongoing debate about police use of force in New York State. The incident has sparked renewed calls for police accountability and transparency.