The Office of Special Investigation (OSI) within the New York Attorney General’s office has released its findings on the death of Daniel McAlpin, who died on September 9, 2022 after an encounter with law enforcement in Ulster County. The investigation reviewed body-worn camera footage, photographs from the scene, interviews with officers and mental health counselors, as well as a forensic pathologist’s analysis.
According to the report, at around 8:35 p.m., members of the New York State Police (NYSP) and Ulster County Sheriff’s Office (UCSO) responded to a request from Ulster County Mobile Mental Health (MMH) counselors for police assistance. Counselors had called 911 seeking help to take Mr. McAlpin into custody under a Mental Hygiene Law order after encountering him armed with a large knife and what appeared to be a “black BB or airsoft gun.”
Upon arrival at the Pine Bush residence, officers knocked but received no response from Mr. McAlpin. After speaking by phone with his mother, officers entered through an unlocked door at 8:55 p.m. They found Mr. McAlpin behind another closed door upstairs while they remained in the kitchen area. Officers attempted for several minutes to persuade him to come out voluntarily and instructed him multiple times to drop his weapons.
At about 9:23 p.m., officers opened the stairway door and told Mr. McAlpin—who was coming down the stairs swinging a knife and firing plastic pellets from an airsoft gun—to show his hands and drop his weapon. An officer used a Taser as Mr. McAlpin descended but he continued forward; when he reached the bottom step, he turned toward one officer with the knife extended in that officer’s direction. The officer retreated into another room off the kitchen before firing two shots at Mr. McAlpin, who then fell.
While on the floor between rooms, Mr. McAlpin moved as if trying to get up and continued swinging his knife despite repeated commands from officers to drop it. The same officer fired three more times, hitting Mr. McAlpin again; he was pronounced dead at the scene where both a large knife and airsoft rifle were recovered.
Under New York law regarding justification for use of deadly force by police officers—specifically when there is reasonable belief that such force is necessary for defense against deadly physical force—the OSI determined that criminal charges would not be filed against any involved officer in this incident.
“Officers responded to the house to take Mr. McAlpin into custody after MMH counselors requested assistance,” according to OSI’s report summary. “Officers at first attempted to persuade Mr. McAlpin to come out of the room he was in voluntarily, without any use of force… Therefore, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officer reasonably perceived his life as in danger when he fired… nor disprove beyond a reasonable doubt that the officer was justified in firing additional shots because Mr. McAlpin continued to swing the knife.”
The OSI also made recommendations for NYSP policy improvements regarding responses involving individuals experiencing mental health crises:
– Develop protocols for involving mental health professionals during such calls.
– Ensure troopers remain present alongside subjects until crisis teams arrive.
– Improve information sharing within NYSP prior to responding.
– Enhance emergency response training focused on de-escalation techniques while waiting for specialized personnel.
