Police kill 13-year-old pointing a ‘realistic’ pellet gun in upstate New York, authorities say

A police SUV stops in an intersection in a residential area, with yellow police tape in the background.

Police early Saturday investigate the scene of a shooting in Utica, N.Y.
(Kenny Lacy Jr. / Associated Press)

An officer in upstate New York fatally shot a 13-year-old who was running with a “realistic appearing” pellet gun, authorities said Saturday.

Utica police Chief Mark Williams said the shooting happened Friday night after officers in the city about 240 miles northwest of Manhattan stopped two youths a little after 10 p.m. Police did not say why they were stopped.

Williams said one of the youths ran and pointed what appeared to be a handgun at the officers. The police chief spoke at a news conference at Utica City Hall, where the boy’s family and other community members gathered.

An officer fired a shot at the boy “during a ground struggle,” striking him in the chest, Williams said.

The teen was given “immediate” first aid by the officers and taken to Wynn Hospital, where he died, the chief said.

The boy was identified in local media reports as Nyah Mway, a 13-year-old Karen refugee born in Myanmar and an eighth-grader at Donovan Middle School. Lt. Michael Curley, a police spokesperson, confirmed the name Saturday.

Utica, a city of more than 65,000 residents along the Mohawk River, is home to more than 4,200 people from Myanmar, according to The Center, a nonprofit that helps to resettle the refugees.

Karens are an ethnic minority among the groups warring with the military rulers of the Southeast Asian country formerly known as Burma. The army ousted the elected government of Aung San Suu Kyi in 2021 and suppressed widespread nonviolent protests that sought a return to democratic rule.

Kathleen Davis, interim superintendent of the Utica City School District, offered condolences to the victim’s family in a statement posted online.

Davis expressed “profound sadness” over the “tragic and senseless loss” and also offered support to “our partners in law enforcement, who tirelessly strive to ensure our streets remain safe.”

Williams, the police chief, declined to provide more details about what prompted the stop or preceded the shooting, saying that will be part of the investigation. Officers at the scene recovered what he described as a replica of a Glock 17 Gen 5 handgun with a detachable magazine, he added.

“It is in all aspects a realistic appearing firearm with GLOCK markings, signatures, detachable magazine, and serial numbers,” spokesman Curley said via email when asked to elaborate about the weapon. “However ultimately it fires only pellets or BB’s.”

Williams said that in the coming days the department will release a report on the killing as well as the full body camera video from the officers who were involved. The officer who fired the shot has not been publicly identified.

At City Hall on Saturday, people shouted down officials’ remarks at times, while at other moments people pleaded for silence so members of the Karen community could hear an interpreter’s translations.

Mayor Michael Galime said the city will be transparent in its investigation and that he and other officials will meet privately with the teen’s family and other community members.

“We are holding this press conference so you can all be in this room,” he said. “We understand the weight of this situation, and we want to ensure that every single piece of this is understood. Everything will be released, and everyone in this room and the entire community will have access to all of that information.”

Williams said the state attorney general’s office will lead the investigation and determine if it the shooting was justified. The office did not immediately respond to an email seeking comment Saturday.

The Police Department will be conducting an internal investigation to see whether officers followed policies and training, Williams said. The officers will be placed on administrative leave with pay, in keeping with protocol, he added.

Williams said the department is aware that a video of the confrontation has circulated on social media, but warned that it does not portray the case in its entirety.

“I want to offer my heartfelt condolences to the family of the deceased party during this difficult time,” he said. “This is a tragic and traumatic incident for all involved.”

Marcelo writes for the Associated Press.

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