Additional Coverage:
- Upstate New York officer won’t face criminal charges after fatally shooting a 13-year-old in June (nbcnews.com)
UTICA, NY – A state investigation has cleared a Utica police officer in the fatal shooting of 13-year-old Nyah Mway. Attorney General Letitia James announced Wednesday that no criminal charges will be filed against Officer Patrick Husnay.
The shooting occurred on the evening of June 28, 2024, after officers questioned Mway and another teen. Mway fled and, according to the Attorney General’s report, produced what appeared to be a handgun and aimed it at an officer. Husnay pursued, tackled Mway, and fired a single, fatal shot.
The investigation concluded that prosecutors would be unable to prove beyond a reasonable doubt that Officer Husnay’s actions were unjustified under New York law, which allows officers to use deadly force when they reasonably believe it necessary to defend themselves. The object Mway pointed at officers turned out to be a BB gun resembling a Glock 17 handgun.
Mway, a recent middle school graduate and Karen refugee from Myanmar, was about to begin high school. His family expressed gratitude for the investigation but emphasized their profound loss.
They stated, “Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued.”
Members of the Karen community had previously called for police accountability, noting Mway was on the ground when shot. Body camera footage released shortly after the incident depicted a chaotic scene with officers shouting “gun!”
before tackling and ultimately shooting Mway.
Utica Police Chief Mark Williams and Mayor Michael Galime expressed satisfaction with the Attorney General’s decision and hope for continued healing within the community, particularly with the Burmese and Karen populations. They believe the relationship between law enforcement and these communities has strengthened since the incident. Neither Officer Husnay nor the police union offered immediate comment.
Utica has a significant Karen refugee population, part of a larger resettlement of refugees from various nations in recent decades. The Karen people are an ethnic minority group in conflict with the military rulers of Myanmar, formerly Burma.