By Jon Moss
syracuse.com
CONSTANTIA, N.Y. — The state Attorney General’s Office said Wednesday that it will not pursue criminal charges against an Oswego County sheriff’s deputy who fatally shot a man last year.
Deputy Corey Whitney shot and killed Miles Dignean on March 21, 2025.
The Dignean family has filed a wrongful death and excessive force lawsuit in federal court.
A 19-page report from the AG’s office said a prosecutor would not be able to disprove beyond a reasonable doubt that the officer’s actions were justified under state law.
Whitney and a state trooper responded to 34 Cook Road in Constantia that day after a family member reported concerns about Dignean to a suicide hotline, according to the report.
A different deputy, Charles Costello, was also responding to the home. He was trying to serve an order of protection on Dignean to stay away from his 3-year-old son.
The officers found Dignean, 32, in the home’s garage with his son in his arms. He would not give the boy to the officers.
The trooper, Junyla Sabari, was able to grab the boy and tried to move him away.
A struggle ensued.
Dignean swung a metal C-clamp at the officers, which struck Sabari in the head.
The clamp was previously described by a sheriff’s office spokesperson as a 7-inch by 17-inch steel C-clamp that weighed 8 pounds.
Whitney deployed his Taser and Dignean fell to the ground.
Shortly after, Whitney shot Dignean. He then shouted for him to “drop it.”
Dignean was taken by ambulance to Upstate University Hospital in Syracuse, where he later died.
An autopsy conducted by the Onondaga County Medical Examiner’s Office showed Dignean was shot twice — once in the back and once in the right arm.
The report said the sheriff’s office did not have a written policy for “responding to and handling calls associated with people in crisis.” It recommended creating one.
A spokesperson for the sheriff’s office did not immediately respond to a request for comment about whether such a policy was under development.
The lawsuit filed by the Dignean family described attempts to get mental health professionals involved to assist the police.
Dignean’s mother was on the phone for two hours with one agency, Liberty Resources , to arrange for a counselor to be present while the order of protection was served, the lawsuit said.
Dignean’s family had previously been in touch with Liberty Resources. The lawsuit described a meeting months before the shooting between his parents and deputies, where the deputies recommended the family establish a relationship with Liberty.
After the shooting, Dignean’s father, Alton Dignean, previously said police didn’t have to shoot his son.
“He was a great kid,” he said. “They shot my son and killed him. They had tasers right on them, they didn’t have to shoot him.”
The AG’s office is required by state law to investigate any deaths that result from an action, or inaction, by law enforcement, including police and corrections officers.
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