New York Attorney General Letitia James' Office of Special Investigation (OSI) has published its findings 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. The investigation reviewed body-worn camera footage, a civilian cell phone video, officer interviews, video enhancements, and legal analysis. OSI concluded that it would be impossible to disprove beyond a reasonable doubt that the officer's actions were justified under New York law.
UPD officers were patrolling Sunset Avenue and Shaw Street in Utica on the night of June 28 as a proactive measure in response to two reported armed robberies in that area earlier in the month, including one that occurred the previous night. Around 10:18 p.m., officers noticed Nyah Mway and another individual, who matched descriptions from the June 27 robbery, and approached them.
Upon engagement by the officers, Mway fled the scene. Pursued on foot, Mway displayed what appeared to be a handgun, turned, and pointed it at the officer closest to him. This led to a struggle during which a second officer fired his weapon, injuring Mway. He was taken to a local hospital, where he was declared dead. Officers discovered a pellet gun at the location of the incident.
According to New York's justification law, the use of deadly physical force by police may be deemed necessary if an officer believes it is required to counter the use of deadly force by another person. OSI found that since Mway matched the description of an armed robbery suspect, attempted to flee, and pointed what appeared to be a handgun at officers, the operative conditions justified the officer’s response. As a result, no criminal charges will be filed.