New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a Notification of Investigative Findings regarding the death of Bashe McDaniel. The incident occurred on December 29, 2023, during an encounter with Metropolitan Transportation Authority (MTA) Police officers in Queens. The OSI concluded that it would not be possible to disprove beyond a reasonable doubt that the officers' use of deadly force was justified under the law. A final Investigation Report will be issued later.
The incident took place at 10:20 p.m. when two MTA officers shot and killed Mr. McDaniel in front of 91-04 Sutphin Boulevard in Queens. This happened after Mr. McDaniel fired a round from a gun he had in his waistband while the officers were attempting to handcuff him. A firearm was recovered from Mr. McDaniel, and ballistics evidence confirmed he fired at least one shot.
The officers were searching for an individual following a report of an alleged sexual assault on Sutphin Boulevard when they spotted Mr. McDaniel, who matched a photograph they had received. During their attempt to arrest him, Mr. McDaniel resisted being handcuffed, leading to a struggle where his firearm discharged and struck him in the abdomen. In response, the officers discharged their service weapons, hitting Mr. McDaniel.
The event was recorded on body-worn cameras used by the officers involved.
Under New York State Executive Law Section 70-b, OSI evaluates every incident reported where a police or peace officer may have caused someone's death through action or omission. This applies whether the officer is on-duty or off-duty and regardless of whether the decedent is armed or unarmed or in custody or incarcerated.
If OSI's assessment suggests that an officer may have caused a death, it conducts a full investigation into the incident. When evidence and legal analysis are clear and investigations complete, OSI issues Notifications of Investigative Findings announcing conclusions before releasing final reports as required by law.