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The New York State Attorney General's Office announced that the Utica police officer involved in the fatal shooting of 13-year-old Nyah Mway will not face criminal charges. On June 28, 2024, Officer Patrick Husnay shot Mway after the teenager pointed what appeared to be a handgun at police during a foot chase. The gun was later identified as a pellet gun designed to resemble a real firearm.
According to NBC News, the Attorney General's review concluded that prosecutors could not prove beyond a reasonable doubt that the officer's actions were unjustified. Under New York law, police officers may use deadly force if they reasonably believe it is necessary to defend against deadly physical force.
The incident occurred when officers stopped Mway and another boy, suspecting them of involvement in an armed robbery. Mway fled and was shot during a struggle with Officer Husnay. Body camera footage showed the chaotic scene, with officers yelling "gun" before the shooting occurred. The pellet gun Mway carried closely resembled a real Glock handgun, lacking the orange tip that typically distinguishes toy guns.
Mway, a Karen refugee from Myanmar, had just graduated from middle school. His family expressed their disappointment but thanked the Attorney General's office for the investigation. They stated, "Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued."
The Utica Police Department and city officials expressed relief at the decision, emphasizing efforts to rebuild trust with the local Burmese and Karen communities. The case has drawn attention to the challenges faced by refugees and the complexities of policing in diverse communities.