Attorney General James’ Office of Special Investigation Releases Report on Death of Nyah Mway

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Nyah Mway, who died on June 28, 2024 following an encounter with members of the Utica Police Department (UPD) in Utica. After a thorough investigation, which included review of footage from body-worn cameras and a civilian cell phone, interviews with involved officers, video enhancement, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law.

On the evening of June 28, UPD officers were patrolling the area of Sunset Avenue and Shaw Street in Utica because two armed robberies had been reported in the area earlier that month, including one the night before. At approximately 10:18 p.m., UPD officers approached Nyah Mway and another individual after initially driving past them in their patrol car. Mway and the second individual matched the descriptions of the alleged suspects from the armed robbery on June 27.

As officers engaged with Mway and the other individual, Mway ran away. Officers followed on foot and Mway displayed what appeared to be a handgun, turned around, and pointed it at the officer directly behind him. A struggle ensued, during which a second officer fired his service weapon, striking Mway. Mway was transported to a local hospital, where he was pronounced dead. Officers recovered a pellet gun at the scene.

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. In this case, officers approached Mway because he matched the description of a suspect involved in an armed robbery the previous night. When an officer asked if he could pat down Mway, he ran away, pulled out what appeared to be a handgun, and aimed it at an officer. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly physical force against Mway was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.