Attorney General's Office of Special Investigation Opens Investigation into Civilian Death in Queens

NEW YORK – The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of Bashe McDaniel, who died on December 29, 2023 after an encounter with members of the Metropolitan Transportation Authority (MTA) Police in Queens. 

On the evening of December 29, two MTA officers were searching for an individual on Sutphin Boulevard in Queens following a report of an alleged sexual assault, when they spotted Mr. McDaniel who appeared to be wearing the same clothing that was described in the report. As the officers were attempting to handcuff Mr. McDaniel, he allegedly fired a gun. The officers opened fire in response, striking Mr. McDaniel. Mr. McDaniel was transported to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene.  

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.  

These are preliminary facts and subject to change.