GOSHEN – A Warwick Town Police officer was justified in using deadly
force when he shot and killed Dwayne Clyburn as the man charged at him
with an eight-inch steak knife, according to separate reports from an
Orange County grand jury and District Attorney David Hoovler.
Police had responded to a report of a domestic incident on June 16, 2018
at 24 Wheeler Road in the Town of Warwick and it was determined that Clyburn
charged at a police officer while armed with the knife.
The grand jury’s “no bill” finding ending its investigation
and ensured that no state criminal charges would be filed against the
officer who shot Clyburn three times, killing him.
Independent of the grand jury investigation, Hoovler conducted his own
with the aid of the State Police and concluded the officer’s actions
were justified under state penal law.
Among the findings in Hoovler’s investigation was that Clyburn had
metabolites of marijuana in his system and was legally intoxicated at
the time of his death.
“It is always a tragedy when a police officer must use deadly physical
force,” said Hoovler. “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.”
