The New York State Attorney General’s Office of Special Investigation (OSI) has announced that no criminal charges will be filed against Officer Patrick Husnay in connection with the fatal police shooting of 13-year-old Nyah Mway.

Attorney General Report: Deadly Force Deemed Legally Justified

According to the report released by Attorney General Letitia James’ Office, the decision not to prosecute stems from evidence that Officer Husnay reasonably believed the pellet gun in Nyah Mway’s possession was a real firearm. The gun, a GLOCK replica, was displayed during a foot chase involving multiple Utica Police Department officers, including Patrick Husnay, Bryce Patterson, and Andrew Citriniti.

What Happened to Nyah Mway?

 On June 28, 2024, officers patrolling the area of Sunset Avenue and Shaw Street encountered Mway and another juvenile, who matched the description of a suspect from a recent armed robbery. When officers attempted to stop Mway but he fled on foot, which is when he allegedly pulled out what appeared to be a handgun. During the chase, Officer Patterson tackled Mway, and Officer Husnay fired a single, fatal shot to the chest.

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The OSI determined that based on New York law, no prosecutor could disprove beyond a reasonable doubt that the officer’s use of deadly force was justified.

Bodycam Footage, Eyewitness Accounts Reviewed

The investigation included body camera footage, witness video, interviews with officers, and enhanced video analysis. Officer statements confirmed that Mway continued holding what looked like a firearm even while being restrained on the ground.

The gun recovered at the scene was later confirmed to be a pellet gun designed to resemble a GLOCK pistol.

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Civil Lawsuit Filed by Nyah Mway’s Family

While criminal charges will not be filed, a civil lawsuit has been. On September 17, 2024, Nyah Mway’s mother filed a notice of claim against the City of Utica, alleging:

  • Wrongful death

  • Excessive force

  • Assault and battery

  • Civil rights violations

  • Negligent hiring and training

  • False arrest

  • Failure to intervene or prevent misconduct

The claim cites both emotional trauma and financial damages endured by the family due to Nyah’s death.

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