The mother of a 13-year-old who was shot and killed by a Utica police officer this summer filed a notice of claim against the city, indicating her intention to file a lawsuit, according to Dani Deragon, a family spokesperson. 

Chee War, the mother and legal guardian of the teen, Nyah Mway, alleges multiple civil rights violations and wrongful death in the fatal shooting, which took place June 28 when officers said they fired at Mway after he fled from a police stop and displayed what looked like a handgun. It turned out to be a pellet gun that resembled a Glock.

The claim also alleges excessive force, false arrest and the failure of officers to intervene. It names the city of Utica and three police officers as respondents, according to a copy of the notice provided to Spectrum News 1. 

It states the three officers unlawfully stopped Mway near the intersection of Shaw and Bennett streets before the situation escalated, causing Mway to flee in fear and, ultimately, lose his life due to "egregious and unjustifiable actions by law enforcement."

The City of Utica released a statement on Wednesday, saying in part, “The City of Utica confirms that it did receive a notice of claim on September 17^th, 2024 from Chee War, the mother and guardian of Nyah Mway. At this time, while we have reiterated our sorrow, the city’s position on the matters have not changed, as we await the findings of the NYS AG’s office investigation.”

The state Attorney General’s Office is investigating if criminal charges should be filed in the case. The family's filing is a different matter; if it proceeds, it would go to a civil trial.

Body camera footage released by police in the deadly incident shows officers screaming “gun” before one tackled and punched Mway, and another officer opened fire. The teen, a refugee born in Myanmar and member of the Karen ethnic minority, had just graduated from middle school.

Legal action will be taken in the case if the claim is not resolved within the time allowed by law, or 30 days, Deragon said.

Ryan McCall, an attorney not connected to the case, says a notice of claim is required to be filed in New York state when seeking to sue an agency such as a police department.

“When you're filing a notice of claim, that's done on the civil level. So, meaning that you're seeking money, judgment, civil punishment, things like that,” McCall said.

“This one's really going to be a true tossup," he said. "Typically, in situations like this on the civil side, they almost always lead in settlement, meaning that these parties are going to get sit down, get together and find a way to come to a resolution, if they can. If not, then ultimately, then it would proceed to a trial, assuming a judge allowed it to proceed to trial.”