GOSHEN – A Town of Warwick 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 ends its investigation and ensures that no state criminal charges would be filed against the officer who shot Clyburn three times.
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.”
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