A police officer in upstate New York will not face criminal charges in the fatal shooting of a 13-year-old boy who pointed what turned out to be a BB gun, state Attorney General Letitia James announced Wednesday.

Nyah Mway was shot and killed after he fled from officers questioning him and another teen on a residential street in Utica on the night of June 28, 2024.

Officer Patrick Husnay chased Mway, tackled him to the ground and fired a single shot into his chest. He was taken to a hospital where he died.

James, in releasing her office’s 18-page review of the shooting, concluded prosecutors would not be able to prove beyond a reasonable doubt that the officer’s actions were unjustified.

Husnay and two other officers had approached Mway because he matched the description of a suspect involved in an armed robbery the previous night, she said. Mway fled when officers attempted to pat him down. He then pulled out what appeared to be a handgun and aimed it at an officer.