A grand jury cleared a police officer of any wrongdoing in the fatal shooting of a Hudson Valley man.

On Thursday, Orange County District Attorney David M. Hoovler announced an Orange County grand jury declined to file charges against a Town of Warwick police officer who shot a man on June 16, at 24 Wheeler Avenue in Warwick.

An investigation determined that the man menaced and charged at a police officer after the officer responded to a domestic disturbance. The man was subsequently shot and died.

The grand jury's findings ensure no state criminal charges will be brought against the police officer who shot the man, officials say.

The findings of the Orange County District Attorney’s Office were released to the public:

  • On June 16, 2018, at approximately 2:58 p.m., Town of Warwick police officers responded to 24 Wheeler Avenue for a report of a domestic dispute.
  • Upon arrival, police officers heard yelling inside the house. One officer responded to the front door facing Wheeler Avenue.
  • The front door was opened from the inside and police encountered Dwayne Clyburn near the front entrance.
  • Clyburn produced an eight-inch steak-knife and confronted the police officer at the door. The police officer repeatedly demanded that Clyburn drop the knife. Clyburn refused and charged at the police officer from a distance of fewer than fifteen feet.
  • The Town of Warwick police officer fired three rounds from his issued service weapon striking Clyburn.
  • Police officers immediately rendered first-aid and CPR to Clyburn, who died as a result of the gunshot wounds.
  • An autopsy performed on Clyburn concluded that he suffered three gunshot wounds, to his right forearm and chest. The autopsy further concluded that all the gunshot wounds entered his body while he was facing the firing police officer.
  • These findings show that Clyburn was facing the firing police officer at the time of the shooting.
  • The New York State Police recovered numerous pieces of evidence, including three expended shell casings, and two knives.
  • One knife, an eight-inch steak-knife was removed from Clyburn’s hand moments after the shooting.
  • A toxicology report indicated Clyburn had marijuana in his system and was legally intoxicated at the time of his death.
  • After the shooting, a resident of 24 Wheeler was found to have slash wounds to her hands caused by Clyburn.
  • Had he survived, Clyburn could have faced numerous felony and misdemeanor charges for his actions regarding this resident.
  • An independent witness, a non-shooting police officer, as well as a resident of 24 Wheeler Avenue, all observed various portions of the incident. All clearly heard the shooting police officer issue repeated warnings to Clyburn before seeing and hearing shots fired.

“It is always a tragedy when a police officer must use deadly physical force,” Orange County District Attorney David Hoovler said. “This incident, like many police-involved shootings, could have been resolved with no loss of life, if Mr. Clyburn had simply complied with the lawful commands of the police officers.”

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