Attorney General James’ Office of Special Investigation Releases Report on Death of Bashe McDaniel

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Bashe McDaniel, who died on December 29, 2023 following an encounter with members of the Metropolitan Transportation Authority (MTA) police in Queens. After a thorough investigation, which included review of footage from body-worn cameras and a nearby security camera, interviews with involved officers and a witness, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ actions were justified under New York law.

Shortly after 10 p.m. on December 29, two MTA police 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 of the alleged assailant, and attempted to arrest him. Mr. McDaniel pulled away and refused to be handcuffed. During the ensuing struggle, the officers and Mr. McDaniel fell to the ground. Officers repeatedly instructed Mr. McDaniel to stop resisting and warned him that he would be tased if he did not comply.

While Mr. McDaniel and the officers were on the ground, the gun in Mr. McDaniel’s waistband discharged, and he was struck in the abdomen. The officers jumped back, and Mr. McDaniel rolled onto his back and pointed the gun at one of the officers. Both officers discharged their service weapons, striking Mr. McDaniel. Mr. McDaniel was transported to a local hospital, where he was pronounced dead. Officers recovered a gun at the scene.

Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, officers were attempting to arrest Mr. McDaniel for his alleged role in a reported sexual assault. As officers attempted to apprehend Mr. McDaniel, his firearm discharged, shooting him in the abdomen, and he then aimed the weapon at an officer. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officers’ use of deadly physical force against Mr. McDaniel was justified, and therefore OSI determined that criminal charges would not be pursued in this matter.