Attorney General James’ Office of Special Investigation Releases Report on Death of Daniel McAlpin

November 7, 2025

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Daniel McAlpin, who died on September 9, 2022 following an encounter with members of the New York State Police (NYSP) and the Ulster County Sheriff's Office (UCSO) in Ulster County. After a thorough investigation, which included forensic analysis of body-worn camera footage and scene photographs, interviews with involved officers and responding Ulster County Mobile Mental Health (MMH) counselors, consultation with a forensic pathologist expert, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer's actions were justified under New York law.

At approximately 8:35 p.m. on September 9, members of NYSP and UCSO were dispatched to assist the Ulster County MMH crisis team at a house in Pine Bush, Ulster County. MMH counselors called 911 to ask for police assistance in taking Mr. McAlpin into custody pursuant to a Mental Hygiene Law 9.45 order issued by MMH after counselors encountered Mr. McAlpin holding a large knife and a what appeared to be a "black BB or airsoft gun."

Officers knocked on the door when they arrived at the house, but Mr. McAlpin did not open the door. At 8:55 p.m., officers received permission from Mr. McAlpin's mother, who was on the phone with officers, to enter the house through the unlocked front door. Mr. McAlpin was behind a closed door and up the stairs from the officers, who were in the kitchen. For several minutes, officers encouraged Mr. McAlpin to come out and repeatedly instructed Mr. McAlpin to drop his weapons.

At 9:23 p.m., officers opened the stairway door and instructed Mr. McAlpin, who was up the stairs, to show his hands and "drop the weapon." One officer deployed his Taser at Mr. McAlpin, who was walking down the stairs, swinging a knife in his right hand and firing plastic pellets from an airsoft gun in his left hand. As Mr. McAlpin reached the bottom step, he turned toward one officer with his right arm extended, with the knife pointed at the officer. The officer stepped back into the doorway of the room off the kitchen and discharged his service weapon twice at Mr. McAlpin, who fell to the floor of the hallway between the stairs and the other room. While on the floor, Mr. McAlpin raised his hand, swung the knife, and turned his body in what seemed to be an attempt to get up off the floor. Officers repeatedly yelled, "drop the weapon." The shooting officer discharged his service weapon three more times, striking Mr. McAlpin. Mr. McAlpin was pronounced dead at the scene. Officers recovered a large knife and an airsoft rifle at the scene.

Under New York's justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, officers responded to the house to take Mr. McAlpin into custody after MMH counselors requested assistance. Officers at first attempted to persuade Mr. McAlpin to come out of the room he was in voluntarily, without any use of force. Once officers opened the door and saw Mr. McAlpin armed with a knife and an airsoft gun, an officer deployed his Taser while officers repeatedly instructed Mr. McAlpin to drop the weapons. Mr. McAlpin continued to come down the stairs with the weapons in his hands and swung the knife in the direction of an officer. 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 the first two shots, nor disprove beyond a reasonable doubt that the officer was justified in firing the additional shots because Mr. McAlpin continued to swing the knife. Therefore, OSI determined that criminal charges would not be pursued in this matter.

The OSI recommends that NYSP implement protocols for involving mental health professionals when responding to mental health calls. When NYSP troopers contact MMH to request mental health intervention, officers should remain with the subject on the scene and maintain a safe environment while waiting for MMH to arrive, and officers should remain present to address safety issues that may arise. The OSI also recommends that NYSP develop policies and protocols to share information within their agency before responding to mental health calls. The OSI further recommends that NYSP improve its emergency response training to ensure that all members are trained to de-escalate a situation while waiting for a crisis negotiator or specialized officers to arrive.