New York State Attorney General Letitia James’ Office of Special Investigations has determined no criminal charges should be pursued against New York State Police in the 2022 shooting death of an Ulster County man.
According to James’ office, at approximately 8:35 p.m. on Sept. 9, 2022, members of state police and the Ulster County Sheriff’s office were dispatched to assist an Ulster County Mobile Mental Health crisis team at an address in Pine Bush.
The team was there to take Daniel McAlpin into custody under a Mental Hygiene Law order. Counselors requested police assistance after they encountered McAlpin holding a large knife and what appeared to be a BB or airsoft gun.
State police knocked on the door when they arrived at the house, 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 them, to enter the house through the unlocked front door.
The officers were in the kitchen and McAlpin was upstairs and behind a closed door. For several minutes, officers encouraged McAlpin to come out, and they repeatedly told him to drop his weapons.
At approximately 9:23 p.m., officers opened the stairway door and told McAlpin to show his hands and “drop the weapons.”
When McAlpin began walking down the stairs, swinging a knife in his right hand and firing plastic pellets from an airsoft gun in his left hand, an officer deployed his Taser at McAlpin. As 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 the room off the kitchen and fired 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 appeared to be an attempt to get up off the floor.
Officers repeatedly yelled, “Drop the weapon.” The officer who fired his weapon earlier fired it three more times, striking McAlpin, who was pronounced dead at the scene.
James’ OSI conducted an investigation of the shooting including forensic analysis of body-worn camera footage and scene photographs, interviews with officers and mental health counselors who were at the scene, and consultation with a forensic pathologist.
James’ OSI concluded a prosecutor would not be able to disprove beyond a reasonable doubt that the shooting officer’s actions were justified under New York State law.
James’ office said under New York’s justification law, a police officer may use deadly physical force when that officer reasonably believes it to be necessary to defend against the use of deadly physical force by another person.
In this case, the OSI found that officers initially tried to get McAlpin to come out voluntarily, without any use of force. They found that a prosecutor would not be able to disprove beyond a reasonable doubt that the officer reasonably believed his life was in danger when he fired the first shots, or that the officer was justified in firing the additional shots because McAlpin continued to swing the knife.
Therefore, they determined criminal charges will not be pursued in this matter.
Mike Randall covers breaking news for the Times Herald-Record and the Poughkeepsie Journal. Reach him at mrandall@th-record.com.
This article originally appeared on Times Herald-Record: AG Letitia James’ office won’t charge police in Daniel McAlpin’s 2022 shooting death
Reporting by Mike Randall, Middletown Times Herald- Record / Times Herald-Record
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