The New York Attorney General’s Office of Special Investigation (OSI) has launched a probe into the shooting of 52-year-old Basche McDaniel of Manhattan who was killed during an encounter with MTA Police officers a block away from the Jamaica LIRR/AirTrain station on the night of Friday, Dec. 29.
Two MTA officers were searching for an individual on Sutphin Boulevard at around 10:30 p.m.—following a report of a sexual assault—when they spotted McDaniel who appeared to be wearing the same clothing that was described in the report. As the officers were attempting to handcuff McDaniel, he allegedly fired a semi-automatic firearm. The MTA officers opened fire in response, striking McDaniel once in his head, authorities said.
EMS rushed him to Jamaica Hospital Medical Center where he was pronounced dead a short while later. Officers recovered a MAC-10 submachine gun with a 30-round extended magazine at the scene.
Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission. Under the law, the officer may have been on-duty or off-duty, and the decedent may have been armed or unarmed. Also, the decedent may or may not have been in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.
The MTA reported that Friday’s incident was just the third fatal shooting in the MTA Police’s 26-year history, and only the fifth time an MTA officer has drawn fire on a suspect while on duty. The most recent MTA officer-involved shooting, prior to the Dec. 29 incident, occurred back in March 2011.
Additional reporting by Dean Moses.
