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In June, officers responded to a reported domestic incident on Wheeler Road in Warwick, when 37-year-old Dwayne Clyburn charged at them with an eight-inch steak knife. Clyburn was shot once by an officer, prompting a lengthy investigation.
Officials said Clyburn was reportedly ordered to drop the weapon but refused before moving toward officers. Following the shooting, Clyburn was transported to St. Anthony’s Community Hospital for treatment, but he died from the gunshot wound.
This week, Hoovler announced that the officer - whose name was never released - has been cleared and a grand jury declined to file charges against him.
“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,” he stated. “The grand jury’s finding, known as a ‘No Bill,’ ended the grand jury’s investigation, and ensured that no state criminal charges would be brought against the police officer who shot the man.”
The autopsy of Clyburn found determined that he suffered three gunshot wounds to his forearm and chest. All three shots entered his body when he was facing the officer, and all went front-to-back. Hoovler noted that his investigation determined that a toxicology report indicated Clyburn had metabolites of marijuana in his system and was legally intoxicated at the time of his death.
The investigation also found that a Wheeler Road resident had slash wounds on her hands, which were caused by Clyburn. If he had survived the shooting, he Clyburn would have faced several felony and misdemeanor charges for the assault.
“It is always a tragedy when a police officer must use deadly physical force,” Hoovler said in a statement. “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. I thank the Town of Warwick Police Department and the New York State Police for their assistance and cooperation in this investigation.”
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