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Grand Jury Declines To Indict Rochester Police Officers For The Death Of Daniel Prude
By
Christopher Robbins
Published Feb 23, 2021
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Ted Shaffrey/AP/Shutterstock
By
Christopher Robbins
Published Feb 23, 2021
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A grand jury convened by State Attorney General Letitia James has declined to indict any of the police officers involved in the death of Daniel Prude, who suffered fatal injuries while in police custody last March.
“We concluded that there was sufficient evidence surrounding Mr. Prude’s death to warrant presenting the case to a grand jury, and we presented the most comprehensive case possible," James said in a release. "While I know that the Prude family, the Rochester community, and communities across the country will rightfully be devastated and disappointed, we have to respect this decision."
On March 23rd, 2020, Rochester police officers placed Prude in a "spit hood" while the 41-year-old Black man suffered an apparent mental health episode in freezing temperatures, without clothing. Prude died from his injuries a week later, and his death was ruled as a homicide from asphyxiation, "excited delirium," and PCP intoxication.
“Daniel Prude was in the throes of a mental health crisis and what he needed was compassion, care, and help from trained professionals. Tragically, he received none of those things,” James said in the statement. She added that she would be meeting personally with the Prude family on Tuesday.
Prude's death was not made public until September. Internal emails showed that Rochester police officials sought to block the public release of graphic body camera footage related to Prude's death, prompting a wave of resignations and accusations against Mayor Lovely Warren that her administration had participated in a coverup. Warren, who fired her police chief over the incident, has maintained that she was misled about Prude's case.
Seven RPD officers were suspended during the investigation into Prude's death, and it is not clear if they are back on the job following the grand jury's decision. Members of the RPD and the Warren administration did not immediately return requests for comment.
James has also released a report containing information compiled by the AG's office outside of the grand jury investigation itself, including testimony from a police expert, Geoffrey Alpert. From the report:
His assessment, upon reviewing the evidence in the matter, including the officers’ training, was that placing the spit sock over Mr. Prude’s head, taking him to the ground, and performing the “segmenting” maneuver, were all within the scope of reasonable (although not necessarily the best) police practices under the circumstances. He did, however, opine that the officers’ conduct in not rolling Mr. Prude over from the prone position, particularly after he vomited, was contrary to acceptable police practice.
The AG's office issued a set of five recommendations for the future based on Prude's case, including training law enforcement to recognize excited delirium syndrome as a "serious medical emergency," assessing models that "minimize or eliminate police responses to mental health calls whenever possible," mandatory deescalation training, and transparent body camera footage policies. Also among the recommendations: "Law enforcement agencies should explore the use of spit sock alternatives."
"In this case, there was no evidence that the spit sock placed over Mr. Prude’s head directly contributed to his death — there was no evidence that the spit sock impeded Mr. Prude’s airflow or impaired his circulation," the AG's office writes. "However, it clearly added to his stress and agitation, and it is unknown as to whether that further contributed to his death."
James's office brought the grand jury inquiry in September, under the AG's power to investigate the deaths of unarmed New Yorkers who have been killed by the police. A spokesperson for the AG confirmed that this announcement ends their criminal investigation into the RPD related to Prude’s death. However, the Department of Justice said they were looking into Prude's death to determine whether any federal action was warranted.
Before the grand jury's decision was announced, Rochester elected officials braced themselves for protests, with city council members asking the police for "rules of engagement for peaceful protests."
"We've said from the beginning our clients didn't do anything wrong," James Nobles, one of the attorneys for the accused officers, told ABC 13 after the grand jury decision was announced. "They followed their procedure they called on their training, they did what they were called on to do. And you know, 23 citizens from this community heard weeks of evidence and dozens of witnesses and came to the same conclusion."
“The Rochester Police Department took Daniel Prude’s life while he was in crisis. He deserved services and supports, not for his life to end. The City of Rochester subsequently withheld body camera footage and the RPD subjected residents peacefully protesting Prude’s murder and calling for systemic change to abuse," Donna Lieberman, the head of the NYCLU, wrote in a statement.
“Despite these truths, the Attorney General’s grand jury opted for impunity, not accountability. This is not justice."
James's office is also investigating another incident involving the Rochester Police Department: In late January, officers, who were responding to a domestic situation, ended up pepper-spraying and handcuffing a 9-year-old Black girl.
The attorney general called the episode "deeply disturbing and wholly unacceptable. Such use of force and pepper spray should never be deployed against a child, period."
[UPDATE / 6:57 p.m.] In a statement, the AG's office announced that a judge has granted their motion to unseal the grand jury proceedings, which are normally kept secret.
Here's the release:
“As I have contended throughout my entire career, there can be no accountability without transparency, and the public deserves to know what transpires behind closed doors. That is why I filed a motion with the court to have the grand jury proceedings of this case unsealed and made available to the public, which the judge has just granted this evening. As soon as the judge authorizes, my office will release those proceedings so the Prude family, the Rochester community, and communities across the country will no longer be kept in the dark. This is a critical step in effecting the change that is so desperately needed.”
Tagged
letitia james
daniel prude
rochester
Christopher Robbins
Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.
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Gothamist is funded by sponsors and member donations
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