13-year-old killed by police after officers say teen fled and pointed replica handgun at them

By Celina Tebor, CNN

(CNN) — An officer in Utica, New York, shot and killed a 13-year-old on Friday night after police say he fled and pointed a replica handgun at them.

The teenager, identified as Nyah Mway, was approached by three officers Friday night after he and another 13-year-old matched the descriptions of robbery suspects, according to a release from the Utica Police Department.

Officers were patrolling the area to assist with two recent robbery investigations where “the suspects were described as Asian males who brandished a black in color firearm and forcibly demanded and stole property from victims,” the release reads.

“Based on the listed identifying factors from the robbery, officers approached Nyah Mway and the other juvenile as they matched the robbery suspects’ descriptions and were in the immediate vicinity of the previous robbery at nearly the same time of day,” it continues.

Police also say Nyah Mway was violating New York vehicle and traffic law by walking in the road.

According to Utica Police and bodycam footage released, when “the officers attempted to conduct a citizen stop of the two 13-year-old juveniles” and tried to pat-frisk Nyah Mway, “he immediately fled on foot.”

While fleeing, police said, Nyah Mway pulled out what appeared to be a handgun but was later found to be a replica Glock pellet gun and pointed it at the police officers.

One of the officers discharged his firearm once and shot the teen in the chest “during a ground struggle,” Utica Police Chief Mark Williams said during a news conference Saturday.

He was given “immediate” first aid by the officers and taken to Wynn Hospital, where he died, according to Williams.

The officers involved with the incident were identified by the police department as Patrick Husnay, Bryce Patterson, and Andrew Citriniti. Husnay was the officer who fired his gun and all three are on administrative leave with pay, according to police.

CNN has reached out to the Utica Police Benevolent Association for comment.

Body camera footage released by police shows chaotic struggle

The body camera footage released by police shows one officer saying he needs to pat down the two juveniles to make sure they don’t have any weapons. Nyah Mway immediately flees in the video.

Some of the footage was edited to insert a red circle around the replica gun and authorities froze the frames where the teen appears to point it at the officers.

The officers believed it was a handgun, police said, but it was later determined to be a replica of a Glock 17 Gen 5 handgun with a detachable magazine, The Associated Press reported.

The replica gun carried by the teen “is in all aspects a realistic appearing firearm with Glock markings, signatures, detachable magazine, and serial numbers,” Lt. Michael Curley, a police spokesperson, said via email to The Associated Press. “However ultimately it fires only pellets or BB’s.”

The police body camera video shows a chaotic scene.

In the footage, Nyah Mway appears to point the replica handgun at police while he flees. The officers yell “gun,” and one police officer tackles and punches the teenager. As they are wrestling on the ground, another police officer fires a single shot.

Bystanders scream at the police throughout the recordings, and at one point an officer yells back, “We’re trying to save him right now!”

The other youth was detained in the back of a police vehicle and was not involved in the shooting, The Associated Press reported.

The police department released the body camera videos following a public outcry as the shooting roiled Utica, a city with a population of 65,000. It is home to more than 4,200 people from Myanmar, according to The Center, a non-profit helping to resettle the refugees, The Associated Press reported.

Nyah Mway, who local media reports said was an eighth grader at Donovan Middle School, was identified as a refugee born in Myanmar and a member of the Karen ethnic minority, The Associated Press reported.

There are two ongoing, parallel investigations into the incident, according to police: one by the New York State Attorney General, and another by the Utica Police Department’s Professional Standards Unit.

Tensions run high during news conference

A news conference about the incident ended early Saturday after tensions ran high.

The conference was stopped several times after audience members audibly booed and interrupted the police chief and Utica Mayor Michael P. Galime.

An interpreter struggled to speak over repeated audience outbursts.

Members of the community, including the youth’s family, were in attendance, The Associated Press reported.

“I know there’s a lot of emotions in this room and a lot of upset people,” the police chief said. “But you’re asking us to be transparent – you’re asking us to be transparent, and when you shout over us, it makes it very difficult to do so.”

A small group also staged a protest outside the Utica Police station Saturday night. One protester’s sign reads “Justice for Nyah Mway. Forever 13.” Another protest took place Monday morning, according to CNN affiliate WKTV

Galime met for more than two hours with members of the community on Sunday to discuss the shooting.

It is “extremely tragic” to see a police stop end like this, the mayor said, adding the city has “worked so hard to make sure we train, we understand, and we are completely objective in how we deal with our community.”

“Right now, it feels that possibly the police did something out of anger and out of subjectivity. I know that we are doing everything we can to make sure our police departments and our whole government as whole truly treats everyone through objectivity,” Galime said.

During the meeting, community members asked questions and expressed their concerns on topics such as police procedures during stops and racism.

“They would like to change right now, right away, but we understand that’s something that cannot happen right now, right away,” Lupway Doh, a leader of the Karen community, told CNN affiliate WKTV.

CNN’s Paradise Afshar and Zenebou Sylla contributed to this report.

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