Upstate New York officer won't face criminal charges after fatally
shooting a 13-year-old in June
[April 03, 2025]
By PHILIP MARCELO
NEW YORK (AP) — A police officer in upstate New York will not face
criminal charges in the fatal shooting of a 13-year-old boy who pointed
what turned out to be a BB gun, state Attorney General Letitia James
announced Wednesday.
Nyah Mway was shot and killed after he fled from officers questioning
him and another teen on a residential street in Utica on the night of
June 28, 2024.
Officer Patrick Husnay chased Mway, tackled him to the ground and fired
a single shot into his chest. He was taken to a hospital where he died.
James, in releasing her office's 18-page review of the shooting,
concluded prosecutors would not be able to prove beyond a reasonable
doubt that the officer’s actions were unjustified.
Husnay and two other officers had approached Mway because he matched the
description of a suspect involved in an armed robbery the previous
night, she said. Mway fled when officers attempted to pat him down. He
then pulled out what appeared to be a handgun and aimed it at an
officer.
“Under New York’s justification law, a police officer may use deadly
physical force when the officer reasonably believes it to be necessary
to defend against the use of deadly physical force by another,” James
stated.
Mway, whose family name is Nyah, was a Karen refugee born in Myanmar. He
had just graduated from middle school and was set to start high school
in the fall.
His family, in an emailed statement, said it was reviewing James' report
but thanked her office for investigating.
“Regardless of what the report concludes, we know what we lost. We know
what we experienced,” the statement reads. “Nyah deserved to grow up. We
deserve to live in a community where children like him are protected,
not pursued.”
The family and other Karen community members had called for police to be
held accountable, as Mway was already subdued and on the ground when he
was shot.
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A portrait of Nyah Mway is brought out from the funeral home
Saturday, July 6, 2024 in Utica, N.Y. (John Clifford/The Daily
Sentinel via AP,File)
Body camera videos released by police in the days after the killing
showed a chaotic scene. The officers scream “gun!” before one of
them tackles him and punches him. Another officer opens fire as the
two wrestle on the ground while bystanders scream at police.
Police also released images showing the BB gun Mway pointed closely
resembled a Glock 17 Gen 5 handgun. They also noted it did not have
an orange band on the barrel that many BB gun-makers have added in
recent years to distinguish their products from real firearms.
Utica Police Chief Mark Williams and Mayor Michael Galime, in a
joint statement Wednesday, said they were “pleased” James’ office
cleared the officers of criminal wrongdoing.
They expressed hope the city could heal after the tragedy.
”Since that night we have tirelessly sought to build back the
relationships and trust with the Burmese and Karen communities,” the
statement read. “We feel that those connections have never been
stronger than they are today.”
Husnay and the Utica police officers union didn’t immediately
respond to emails seeking comment late Wednesday.
Karens are an ethnic minority warring with the military rulers of
Myanmar, which was formerly known as Burma.
Utica, located about 240 miles (400 kilometers) northwest of
Manhattan, is home to more than 4,200 people from Myanmar. They’re
among thousands of refugees from various countries who have settled
in the area in recent decades.
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