The New York Attorney General’s Office of Special Investigation (OSI) has made public its findings on the case of Bashe McDaniel, a man who died on December 29, 2023, after a confrontation with MTA police officers in Queens. The OSI concluded that the officers involved in the incident acted within the boundaries of New York law, therefore criminal charges will not be filed, as reported by the Attorney General’s Office.
According to the Office of Special Investigation’s (OSI) report—based on body-worn camera footage, security video, and interviews with the officers and an eyewitness—prosecutors would likely face significant challenges in contesting the justification of the officers’ actions in court. The report notes that during the encounter, McDaniel’s firearm discharged during a struggle and was then aimed at the officers. The incident occurred after 10 p.m. on Sutphin Boulevard, when officers responded to a report of a possible sexual assault. Based on a photograph provided, they identified Mr. McDaniel as a potential suspect and attempted to detain him, leading to a physical confrontation in which McDaniel was accidentally shot in the abdomen by his own weapon.
The officers had warned McDaniel about the use of a Taser during their struggle and upon his gun discharging and being pointed at them, they reacted by shooting McDaniel. The justification law in New York permits police officers to use deadly force if they reasonably believe it is necessary to defend against another’s imminent use of deadly force, and in McDaniel’s case, this threshold appears to have been met, clearing the officers of wrongdoing in the incident…