In an effort to share elected officials’ views with the community following the UPD shooting of 13-year-old Karen boy Nyah Mway on June 28th, Monitor sent out a survey to local officials. All members of the Utica Common Council, members of the Oneida County Legislature who represent Utica, the Oneida County Executive, and Utica’s representatives in the NYS Assembly and Senate received the eight-question survey. Of these twenty-three elected officials, only two actually completed the form. Three more released statements in lieu of the form. One, 6th Ward Utica Common Councilmember Joe Betrus (R), declined to comment until official investigations are complete.
2nd Ward Utica Common Councilmember Robert Burmaster (D) and 21st District Oneida County Legislator Lori Washburn (D), whose districts include the location of the incident, did not respond to inquiries. Several Asian NYS Assemblymembers and Senators who do not represent Utica released a statement on the incident two weeks ago. Utica Mayor Michael Galime (R) was not surveyed because he has already spoken extensively in the media. Those who also did not respond included:
Utica Common Council | Oneida County Legislature |
Council President Rocco Giruzzi (R) | District 8 Richard Flisnik (R) |
3rd Ward Joseph Betar (D) | District 14 Chad Davis (D) |
4th Ward Frank Carcone (R) | District 15 Caroline Reale (D) |
5th Ward Venice Ervin (D)* | District 18 Jeffrey Daniels (R) |
At-Large Mark Williamson (R) | District 20 Evon Ervin (D)* |
At-Large Samantha Colosimo-Testa (R) | District 22 Maria McNiel (D) |
At-Large Jack LoMedico (D)* | District 23 Michael Gentile (R)* |
*Has commented in media elsewhere, in Gentile's case in his simultaneous capacity as Chief of Staff to Utica Mayor Michael Galime.
Responses
Oneida County Executive Anthony Picente (R) issued a statement in lieu of the survey:
“The death of Nyah Mway was a tragedy. No community should ever be torn apart by the devastation that the loss of such a young life leaves in its wake. While our hearts go out to those who are suffering, we also must continue to support the brave men and women of the Utica Police Department who protect and serve us every day. As we allow the New York State Attorney General’s Office investigation to take its course, it is crucial that we in Oneida County Government work daily to stem the crime and violence that is plaguing our youth and support them in making good choices.”
NYS Senator Joseph Griffo (R, C) issued a statement in lieu of the survey:
“There has been much pain, anger and grief in the community following the death of Nyah Mway. We will now wait for the investigation by the New York State Attorney General’s Office and an internal review conducted by the Utica Police Department to address questions that have been raised and accurately ascertain what took place that night. I express condolences to Nyah’s family and recognize that they are suffering. It also is important that we support the police officers who serve and protect us every day. Additionally, we must do all that we can to find proactive, sensible and comprehensive solutions - with input from all stakeholders - that will address and hopefully reduce gun violence in our communities and enhance public safety in New York.”
NYS Assemblymember Marianne Buttenschon (D, C) issued a statement in lieu of the survey, citing the recent tornado in Rome:
“Nyah Mway’s family will always be deserving of our compassion, understanding and condolences. Until there is a complete investigation of this incident, there are no conclusive answers.
Answers can only be achieved by following constitutionally protected ‘due process’; the very reason many came to and live in our great nation.
By law, the responsibility to determine the facts surrounding the death of Nyah Mway lies with the New York State Attorney General’s Office of Special Investigations. Until the Office of Special Investigations finishes its work, we all need to come together to keep Utica and the surrounding communities united. The Mohawk Valley has welcomed thousands of refugees and immigrants to our area, where many have remained and call it home. Our communities includes vibrant members and all are appreciated and embraced as we demonstrate a multitude of diversity in the Mohawk Valley.
As I stated, Nyah Mway’s family will always be deserving of our community's compassion, condolences, and understanding and this will only happen if all stakeholders, organizations, government agencies, public safety agencies, spiritual leaders, and government leaders are invited to meet to discuss best practices as we move forward.”
First Ward Utica Common Councilmember Katie Aiello (D, WF) completed the survey:
1. Do you have a general statement on the UPD shooting of Nyah Mway on June 28th, 2024?
I released the following statement Sunday, June 30th:
My heart breaks for Nyah’s family and the Karen community during this time of unimaginable mourning. What happened Friday night is a mother’s worst nightmare — it’s a community’s worst nightmare.
How we respond to a tragedy such as this is going to shape what kind of community we will be going forward.
The lessons we learn, the rage we share, the engagement it garners — are all aspects that are going to impact our city for the next thirteen year old that walks our streets.
In the coming days, weeks, and even months — the State Attorney General’s office will be conducting their own thorough investigation on everything that took place the night of June 28th.
This is protocol any time there is a police officer caused death — the AG’s office was called within one hour of the shooting and they were in Utica within a few hours already beginning their investigation.
This protocol was established as a result of Police Reform and is conducted by the AG’s office to ensure the community has a separate and unbiased review of all the facts.
While we wait on the AG’s findings, UPD has released all body cam footage and it is now available to the public.
As our community seeks healing, may we come together in this shared grief — building unity and strength as we strive for a safer future for every child.
2. While the city and NYS AG investigate the shooting and three officers have been on paid administrative leave, some activists (including members of Nyah Mway’s family) have called for firing and prosecution of police, and others in the community have said the police performed well in the given circumstances. What do you think should happen with the officers going forward?
This debate is no longer in the court of public opinion – the Attorney General will decide if criminal charges are necessary, and the civil courts will handle what monetary compensation the city might owe.
Whatever the results of those investigations and lawsuits, I hope the city uses this tragedy as an opportunity: to educate the community on their rights, to help connect law enforcement officers to the community – especially the ones most impacted by policing – to foster mutually respectful relationships, and to help create public spaces where families are safe at all hours of the night no matter what the color of their skin is.
3. How would you assess the way the City of Utica has responded since the incident?
From a public relations standpoint, there was room for improvement – especially when it came to clearly explaining the Attorney General’s investigation process, communicating with the family, not having answers to significant questions ready for the press conference, etc.
But this isn’t about PR – this is about how we make a difference. Not just as we aim to prevent these tragedies in the future, but addressing how we make a difference in the lives of those who are hurting right now.
This moment showed us how far behind we are as a community. For example, the press conference couldn’t start on time because the city, with a population of several thousand Karen people, couldn’t find an interpreter.
My concern is less with the planning and operations of the press conference and more to do with the fact this was reflective of just how segregated we are and how many important relationships are still missing within our city.
It’s evident many in positions of power have yet to build relationships outside of their own networks. It’s a major concern that the city cannot communicate with so many of our people. Naturally, it has revealed a broken trust between our people and public safety.
That said, we know all too well this starts with leadership.
I ran for office because I wanted to help elevate the voices of those who weren’t being heard – this cannot be done without listening to what the people have to say. This is why I went to Nyah Mway’s candlelight vigil, attended the Karen’s community meeting at TBC, observed the peaceful march, and why I have been meeting with members of the Karen community since.
My sadness for the noticeable absence of my colleagues and other politicians during this time (aside from Councilman At-Large Jack LoMedico), turned to anger when I learned that some representatives actually found my attendance at these events to be inappropriate.
I was already concerned for the state of our city, but the aftermath of this tragedy has revealed new ones.
Let it be clear: you can support the Karen people and our police department at the same time – in fact, we must. I wish I didn’t have to put such an obvious statement on the record, but I fear this is where we are at. Hopefully this explicit sentiment helps lay the necessary groundwork for many more conversations with my colleagues – like addressing the legislative requests of the Karen and evaluating what supports UPD needs in the years to come.
While this has been my experience to date, I’m confident in our city’s ability to learn, grow, and come together as time and healing takes place. Our challenges are not unique to us and thankfully we have a beautiful, brave, and diverse community of people – united in wanting to be a part of the solutions that will make our city safer and better for everyone.
4. Are there any policy changes you would like to see UPD, the City of Utica, Oneida County, NYS, or the federal government make in response to the incident and its fallout?
Police Department Personnel Records: these records were made available to the public in 2020, but have not been updated in years. The site has numerous new officers that aren’t listed at all.
At the Karen community meeting held Sunday, June 30th, a woman asked Mayor Michael Galime on the status of these records. He informed her they would be updated by “next week”. Unfortunately that time has lapsed and we are still waiting on a status of when the website will be updated with this information.
Civilian Public Safety Board: members have not undergone the required training (per Sec. 2-2-223 of our city code), the board has not called for mandated public safety audits (Sec. 2-2-228), and as far as I can tell their two-year terms actually expired June 1, 2024.
I’ve been told there were legal considerations to extend their terms (since the new board initially took so long to become active), but the fact there is still no communication on the status of this from the administration is another cause for concern in and of itself.
To be very clear, my concerns are less with the board and more with making sure the administration is being proactive in giving them the correct support and resources to successfully carry out their responsibilities to make our community safer.
Counseling Services: the city and county should be providing counseling services to support community members through citywide tragedies and mournings such as this.
Know Your Rights: there should be a more proactive approach in teaching the youth their legal rights and minimizing the risk of dealing with law enforcement.
Pathways to Justice: The Pathways to Justice Program (PJT) was canceled at the start of this year after being in operation since 2017. It’s clear the City of Utica needs to bring Ms. Heiland and her program back as soon as possible. This program provided summer jobs to youth while simultaneously providing them hands-on experience in public safety fields.
This program connected our police and fire departments with our youth to help build relationships, all while also creating opportunities for our youth to pursue public safety careers they would not have had access to explore and get to know otherwise.
PTJ also helped address UPD’s diversity recruitment issues. In fact, the city’s only Karen police officer was hired as a result of this program.
Pathways to Justice is proven to work and the city still has over $400,000 of ARPA funding allocated for this program – the administration must act to reinstate it as one of the many measures in showing their commitment to improving police relations, diversity recruitment, and career opportunities for our at risk youth.
5. What do you see as the causes of gun violence in Utica? What do you think are the solutions?
The only way this issue can be categorized as “gun violence” is if it’s being implied the cop was violent with his gun – and I am not prepared to make that statement. It would be a disservice to our police, community, and all involved if people bypass the due process of the investigation and speak on what they think happened that night rather than waiting on the findings of the Attorney General’s office.
That said, it should also be noted it seems this topic has been raised more than any other since the tragedy – particularly as it relates to “youth violence”. Unfortunately, it seems that many leaders are conflating two separate issues.
I have plenty of concerns when it comes to gun violence generally and about how we can make our streets safer, but this is also about police interaction with children – and I’m concerned by how much this part of the conversation has been left out of the public sphere since June 29th.
6. Some activists have asserted that this incident is part of a UPD pattern of excessive force, specifically citing a 2021 excessive force settlement, the 2013 death of Jessie Lee Rose, 2005 shooting of Walter Washington, 2002 brutality incident, and other videos surfaced on social media of police altercations. What do you think of that view?
I suspect most of my colleagues will tell you that these are one off incidences – with an emphasis on the fact police officers have a very difficult and dangerous job. And while those may be true factors, it’s also true that the perception of excessive force and over policing alone is a problem regardless.
The police department has worked very hard at getting top notch training, working on improving their community relations, and making sure we are a progressive and compassionate police force. If our efforts to reflect this to the community is no longer working (or perhaps never has to some), we need to be asking ourselves why.
The fact that people can link all of these events together and make conclusions accordingly about our police department, shows us we need to be acting based on this reality.
7. Many members of the Karen refugee community have been deeply impacted by this incident, and say this destabilizes their feelings of security after having fled persecution in Myanmar. How are you working to make sure refugee communities like the Karen with unique needs and experiences are represented?
This is a big reason why I’ve been so adamant about getting involved and hearing from members of the Karen community so early on. I think it’s impossible for our city to restore any trust without us meeting people where they are at and working to bridge those gaps.
While I’m still exploring what my role can be legislatively as a council person in all of this, I think the other value I offer is using my knowledge and experience to help better explain to the community what the process is from here on out when it comes to procedures like the Attorney General’s investigation, explaining the role of the Civilian Public Safety Board, and other Police Reform initiatives completed by the city over the years.
The other way we restore trust long term as a city is to do what we can to make sure the people in our government actually look like the people we serve — because right now there is an imbalance of representation across the board.
Not only would a more diverse staff, that is reflective of Uticans, improve our city thanks to their unique and invaluable experiences, but it also builds trust when people from the community can say they actually know the people working in City Hall.
8. Is there anything else you would like to share with the community?
Pay attention to people’s goals.
When listening to politicians, focus on what they aim to achieve. If their goal is merely to avoid inconvenience or to silence a community, those perspectives are not serious and will lead to further tragedies.
And then there are those who remain silent altogether. The only time our leaders should be silent right now is when they are actively listening. Unfortunately, I haven’t witnessed enough of that to date.
We need leaders who are actively reflecting on these issues and working to improve the community. It is evident that there is significant work to be done, and denying this reality only deepens the divide within our city.
District 13 Oneida County Legislator Christopher Newton (R) completed the survey:
1. Do you have a general statement on the UPD shooting of Nyah Mway on June 28th, 2024?
It is always a tragedy when an incident like this occurs and especially when it takes place in the community where we live.
2. While the city and NYS AG investigate the shooting and three officers have been on paid administrative leave, some activists (including members of Nyah Mway’s family) have called for firing and prosecution of police, and others in the community have said the police performed well in the given circumstances. What do you think should happen with the officers going forward?
There is a system in place that will uncover all of the facts behind what exactly happened and it will be determined what action(s) needs to take place.
3. How would you assess the way the City of Utica has responded since the incident?
I have no comment regarding the response because I do not know all of the facts of the incident.
4. Are there any policy changes you would like to see UPD, the City of Utica, Oneida County, NYS, or the federal government make in response to the incident and its fallout?
I am not familiar with the current policy that the UPD follows. Perhaps it needs to be revisited.
5. What do you see as the causes of gun violence in Utica? What do you think are the solutions?
I don't know if there is any solution. Gun violence in Utica is no different than gun violence anywhere else in the country.
6. Some activists have asserted that this incident is part of a UPD pattern of excessive force, specifically citing a 2021 excessive force settlement, the 2013 death of Jessie Lee Rose, 2005 shooting of Walter Washington, 2002 brutality incident, and other videos surfaced on social media of police altercations. What do you think of that view?
There are many police officers and many, many incidents so to say that this is a pattern is not something that I believe to be evident.
7. Many members of the Karen refugee community have been deeply impacted by this incident, and say this destabilizes their feelings of security after having fled persecution in Myanmar. How are you working to make sure refugee communities like the Karen with unique needs and experiences are represented?
I do sympathize with the Karen refugee community and their tragic loss. I would encourage them to form adult citizen watch groups, especially those with children, and walk the streets at night working closely with neighborhood police.
8. Is there anything else you would like to share with the community?
I have been a landlord with properties in the City of Utica from the east side to the west side for over 30 years. I think that it would be helpful to have police foot patrols in many of these neighborhoods where people, especially youth could get to know the officers and realize that they are "real people" and are out there to protect them and their families.
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