Attorney General Report Released On Fatal New York State Police Shooting

ULSTER COUNTY, NY — The AG report on the use of deadly force by a New York State Police trooper has been released.

While the AG will not pursue charges, the office did make recommendations for police responding to mental health calls.

New York Attorney General Letitia James' Office of Special Investigation (OSI) released its report on the death of Daniel McAlpin, who died on Sept. 9, 2022 after an encounter with members of the New York State Police and the Ulster County Sheriff's Office.

After an investigation, which included forensic analysis of body-worn camera footage and scene photographs, interviews with involved officers and responding Ulster County Mobile Mental Health (MMH) counselors, consultation with a forensic pathologist expert, and legal analysis, the OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer's actions were justified under New York law.

SEE: NYSP, AG Probe Trooper Shooting Of Ulster Man With Knife

According to the findings, around 8:35 p.m. on Sept. 9, 2022, members of NYSP and UCSO responded to assist the Ulster County MMH crisis team at a home in Pine Bush. MMH counselors called 911 to ask for police assistance in taking McAlpin into custody, after counselors encountered McAlpin holding a large knife and a what appeared to be a "black BB or airsoft gun."

Officers knocked on the door when they arrived at the home, but McAlpin did not open the door. At 8:55 p.m., officers received permission from McAlpin's mother, who was on the phone with police, to enter the home through the unlocked front door. McAlpin was behind a closed door and up the stairs from the officers, who were in the kitchen. For several minutes, officers encouraged McAlpin to come out and repeatedly instructed him to drop his weapons.

At 9:23 p.m., officers opened the stairway door and ordered McAlpin, who was up the stairs, to show his hands and "drop the weapon."

One officer deployed his Taser at McAlpin, who was walking down the stairs, swinging a knife with his right hand and firing plastic pellets from an airsoft gun with his left hand. When McAlpin reached the bottom step, he turned toward one officer with his right arm extended, with the knife pointed at the officer.

The officer stepped back into the doorway of a room off the kitchen and discharged his service weapon twice at McAlpin, who fell to the floor of the hallway between the stairs and the other room. While on the floor, McAlpin raised his hand, swung the knife, and turned his body in what seemed to be an attempt to get up off the floor.

Officers repeatedly yelled, "drop the weapon." The shooting officer then discharged his service weapon three more times, striking McAlpin.

McAlpin was pronounced dead at the scene. Police recovered a large knife and an airsoft rifle at the scene.

The OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officer reasonably perceived his life as in danger when he fired the first two shots, nor disprove beyond a reasonable doubt that the officer was justified in firing the additional shots because McAlpin continued to swing the knife.

It was also determined by the OSI that criminal charges would not be pursued in this matter.

The OSI recommended that NYSP implement protocols for involving mental health professionals when responding to mental health calls. When NYSP troopers contact MMH to request mental health intervention, officers should remain with the subject on the scene and maintain a safe environment while waiting for MMH to arrive, and officers should remain present to address safety issues that may arise. The OSI also recommends that NYSP develop policies and protocols to share information within their agency before responding to mental health calls. The OSI further recommends that NYSP improve its emergency response training to ensure that all members are trained to de-escalate a situation while waiting for a crisis negotiator or specialized officers to arrive.