In upstate New York, there will be no criminal charges against a police officer who fatally shot a 13-year-old boy holding a BB gun, as announced by New York State Attorney General on Wednesday. The incident occurred on June 28, 2024, when Nyah Mway was shot after fleeing from officers who were questioning him and another teenager on a residential street in Utica.
Officer Patrick Husnay pursued Mway, tackled him to the ground, and fired a shot into his chest. Mway was transported to a hospital, where he was pronounced dead. The Attorney General’s office released an 18-page report concluding it would be difficult to prove the officer’s actions were unjustified beyond a reasonable doubt.
The police had approached Mway because he resembled the suspect in an armed robbery case from the previous night. When officers attempted to frisk him, Mway fled and later pointed what seemed to be a handgun at the officers. According to New York law, officers can use lethal force if they reasonably believe it is necessary to protect themselves from deadly force.
Mway, whose family name is Nyah, was a Karen refugee from Myanmar, who had recently completed middle school and was preparing to start high school. In a statement, his family expressed their gratitude for the investigation, while still mourning their loss. They emphasized their desire to live in a community where children are safe and not targeted by law enforcement.
Community members and Mway’s family have been vocal in their demands for accountability, arguing that Mway was already subdued when the shooting occurred. Body camera footage released by the police showed a chaotic situation with officers yelling “gun!” before tackling and engaging with Mway. The BB gun he pointed closely resembled a real firearm, allegedly a Glock 17 Gen 5, and did not feature the distinctive orange tip often used on BB guns to differentiate them from actual guns.
The Utica Police Chief and the Mayor expressed relief over the Attorney General’s findings, hoping for community healing in the aftermath of such a tragic event. They committed to rebuilding trust and strengthening relationships with the Burmese and Karen communities in Utica.
Although requests for comments from Officer Husnay and the local police union went unanswered, the incident remains a significant moment for Utica, which hosts more than 4,200 individuals from Myanmar, part of a larger group of refugees who have settled in the area over the past few decades. The Karen people, an ethnic minority group, have long faced conflict with Myanmar’s military rulers.