Attorney General James’ Office of Special Investigation Issues Notification of Investigative Findings Regarding Investigation into the Death of Bashe McDaniel
NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) is today issuing a Notification of Investigative Findings regarding the 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. Upon completion of the investigation into Mr. McDaniel’s death, OSI has concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force was justified under the law. A final Investigation Report will follow.
About the Incident
On December 29, 2023 at 10:20 p.m. two MTA officers shot and killed Mr. McDaniel in front of 91-04 Sutphin Boulevard in Queens after Mr. McDaniel fired a round from a gun he had in his waistband area while the officers were attempting to handcuff him. A firearm was recovered from Mr. McDaniel and recovered ballistics evidence showed that Mr. McDaniel fired at least one shot.
The two MTA officers were searching for an individual on Sutphin Boulevard in Queens following a report of an alleged sexual assault. The officers spotted Mr. McDaniel, who appeared to match a photograph they had of him, and attempted to arrest him. Mr. McDaniel resisted being handcuffed, and he and the officers fell to the ground, where, during the struggle, Mr. McDaniel’s firearm discharged and struck him in the abdomen. The officers discharged their service weapons in response, striking Mr. McDaniel.
Incident Video and Evidence Photos
The incident was captured on the officers’ body-worn cameras.
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.
In cases where the evidence and legal analysis are clear and the investigation is complete, OSI may issue a Notification of Investigative Findings announcing the conclusion of the investigation. In such cases, OSI will issue the final Investigation Report, as required by law, at a later date.