No Charges For Trooper Who Fatally Shot Knife-Wielding Man During Standoff In Wawarsing: AG

By Michael Mashburn From Daily Voice

No criminal charges will be filed against a state trooper who fatally shot a Hudson Valley man armed with a knife and an airsoft gun during a tense standoff in Ulster County.

The Office of Special Investigation (OSI) within Attorney General Letitia James’ office released its findings Friday, Nov. 7, concluding that prosecutors would not be able to disprove beyond a reasonable doubt that the officer’s actions were justified under state law.

The investigation stemmed from the death of 41-year-old Daniel McAlpin, who was shot and killed on Sept. 9, 2022, after an encounter with members of the New York State Police and the Ulster County Sheriff’s Office at a home in the town of Wawarsing.

According to the report, around 8:35 p.m., officers were dispatched to assist the Ulster County Mobile Mental Health crisis team after counselors reported that McAlpin was holding a large knife and what appeared to be a BB or airsoft gun. The team had obtained a Mental Hygiene Law order authorizing police to take McAlpin into custody for evaluation.

When officers arrived, they tried for nearly 20 minutes to convince McAlpin to drop his weapons and come out voluntarily, the report said. After receiving permission from his mother to enter the home, officers found McAlpin behind a closed door and continued negotiating.

At around 9:23 p.m., police opened the stairway door and ordered McAlpin—who was walking down the stairs, swinging a knife and firing plastic pellets—to drop his weapons. One officer deployed a TASER device, while another opened fire when McAlpin allegedly pointed the knife toward him at close range.

McAlpin fell to the floor but continued swinging the knife, according to OSI. The officer fired several more shots, striking McAlpin, who was pronounced dead at the scene. A large knife and an airsoft rifle were later recovered, police said.

The attorney general’s report found that the officer’s use of deadly force was legally justified, noting that McAlpin’s actions posed a lethal threat. “A prosecutor would not be able to disprove beyond a reasonable doubt that the officer reasonably perceived his life as in danger,” the report said.

In addition to its findings, OSI issued several policy recommendations for the New York State Police, including expanding training in crisis de-escalation and improving coordination with mental health professionals during psychiatric emergencies.