A police officer in upstate New York will not face criminal charges in the fatal shooting of a 13-year-old boy who pointed a BB gun, according to state Attorney General Letitia James.
Nyah Mway was shot and killed after fleeing from officers who approached him and another teen on a residential street in Utica on June 28, 2024.
Officer Patrick Husnay chased Mway, tackled him to the ground, and fired one shot into his chest. He was rushed to a hospital where he later died.
James released an 18-page review of the incident, concluding that prosecutors would not be able to prove beyond a reasonable doubt that the officer’s actions were unjustified.
Mway was approached by Husnay and two other officers because he matched the description of a suspect involved in an armed robbery the previous night. Upon being approached for a pat-down, Mway fled and displayed what appeared to be a handgun.
According to James, New York law permits officers to use deadly force when they reasonably believe it is necessary to protect themselves against imminent threats.
Nyah Mway was a Karen refugee born in Myanmar, having just graduated from middle school and preparing to enter high school.
His family released a statement expressing gratitude for the investigation while highlighting their personal loss. “Nyah deserved to grow up. We deserve to live in a community where children like him are protected, not pursued,” the family stated.
The family and members of the Karen community called for accountability, as they believed Mway was subdued and on the ground when shot.
Body camera footage released after the incident depicted a chaotic scene with officers shouting “gun!” before tackling Mway, followed by one officer opening fire as bystanders reacted in alarm.
Police images revealed that the BB gun Mway pointed closely resembled a Glock handgun and lacked the orange band typically added to distinguish BB guns from real firearms.
Utica Police Chief Mark Williams and Mayor Michael Galime expressed relief that the officers were cleared of criminal wrongdoing and conveyed their hopes for community healing.
“Since that night we have tirelessly sought to build back relationships and trust with the Burmese and Karen communities,” they stated. “We feel those connections have never been stronger than they are today.”
Husnay and the Utica police officers union did not provide comments when contacted.
The Karen are an ethnic minority currently engaged in conflict with the military rulers of Myanmar.
Utica, located approximately 240 miles northwest of Manhattan, is home to over 4,200 refugees from Myanmar among other communities who have relocated there in recent decades.
