Criminal charges will not be pursued in the case of 13-year-old Nyah Mway, who was shot and killed by a Utica police officer on June 28, 2024, according to a state attorney general office report on the incident released Wednesday. 

Mway, a refugee born in Myanmar and member of the Karen ethnic minority, died following an altercation with Utica police officers in the city. Following a stop, the teen fled on foot and displayed what appeared to be a handgun, but was actually a pellet gun. Amid a struggle, an officer shot Mway, causing his death. 

New York state Attorney General Letitia James’ Office of Special Investigation reviewed body-worn camera and civilian cell phone footage from the incident, and conducted interviews. It concluded a prosecutor would not be able to disprove beyond a reasonable doubt the officer’s actions were justified under the law, according to the report.

"In this case, officers approached Mway because he matched the description of a suspect involved in an armed robbery the previous night. When an officer asked if he could pat down Mway, he ran away, pulled out what appeared to be a handgun, and aimed it at an officer," the AG's office said.

Mway had just graduated from middle school.

Chee War, the mother and legal guardian of the teen, filed a notice of claim against the city, alleging multiple civil rights violations and more. The filing of a notice of claim is required in New York when seeking to sue an agency such as a police department.

In a post on the Facebook page titled "Justice for Nyah Mway," the family released a statement Wednesday.

"We are grateful to the Office of the Attorney General for conducting an investigation into the killing of our beloved son and brother Nyah Mway. However, no report – no matter how thorough can ease the grief of losing a 13-year old child.

"We will continue to seek truth, transparency and accountability – not only in Nyah's case but to prevent this from happening to another child."

The family called on leaders to take action. They want to see an end to policies that they say harm children and communities of color, and invest in non-violent community safety. They say they will continue to organize, march and raise their voices in the hopes of achieving change.

Utica Chief of Police Mark Williams and Mayor Michael Galime released a joint statement in response to the report Wednesday afternoon.

"​Since that night we have tirelessly sought to build back the relationships and trust with the Burmese and Karen communities, and we feel that those connections have never been stronger than they are today. Our goal from that day and every day since has been to ensure that our department is viewed as a strong partner and trusted entity to the public," the statement says.