New York State Office of the Attorney General-Second Annual Report , Oct. 2022
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
New York State Office of the Attorney General Office of Special Investigation October 1, 2022 Second Annual Report Pursuant to Executive Law Section 70-b I ,,.,,G,~,..,; Letitia James NYS Attorney General 0 Table of Contents 1. Introduction .......................................................................................................................................... 2 2. Summary of Indictments ................................................................................................................... 4 3. Reports Released by OSI in the Past 12 Months ......................................................................... 6 4. New York City Department of Correction .................................................................................... 19 5. Recommendations ......................................................................................................................... 30 5.1 Body Worn Cameras and Dashboard Cameras….……....…………........................…………….............................................................................30 5.2 Video in Jails and Prisons ....................................................................................................... 31 5.3 Training Police for Behavioral Health Emergencies……………………...............................................................................................................32 5.4 Suicide Prevention in Jails and Prisons……...........……………………….................................................................................….......…...….36 5.5 Drug Overdose Prevention in Jails and Prisons .................................................................. 39 6. OSI Data ............................................................................................................................................ 41 7. Conclusion ........................................................................................................................................ 51 8. Appendix ........................................................................................................................................... 52 8.1 Table A: OSI Case Data, September 1, 2021 – August 31, 2022 .................................. 52 8.2 Table B: OSI Case Data, April 1, 2021 – August 1, 2021….................................................................................................................................................69 8.3 Table C: OSI Case Data, NYC Department of Corrections Matters……….......................................................................................................................................76 1 1. Introduction This is the second annual report of the New York Attorney General’s Office of Special Investigation (“OSI”), issued October 1, 2022, pursuant to Paragraph 7 of New York Executive Law Section 70-b (“Section 70-b”). The first annual report, issued October 1, 2021, can be found here: 2021 OSI Annual Report. Effective April 1, 2021, Section 70-b directs OSI to investigate and, if warranted, to prosecute any criminal offense that a police officer or a peace officer, as defined, may have committed in connection with any incident in which such officer caused the death of a person by an act or omission, or in which there is a question whether such officer caused the death.1 Section 70-b makes no distinction between on-duty and off-duty officers, nor between armed and unarmed decedents. Peace officers, as defined in Section 70-b, include corrections officers in all jails and prisons in the state. The Attorney General’s investigative authority and criminal jurisdiction over such incidents are state-wide and arise, by operation of law, at the time of death (Section 70-b, Paragraph 2). The Attorney General’s criminal jurisdiction over such incidents supersedes and displaces that of the District Attorney for the county in which the incident occurred (Section 70-b, Paragraph 4). As of the date of this report, the members of OSI include 18 assistant attorneys general, including supervisors, in eight offices around the state (Manhattan, Nassau and Westchester Counties, Albany, Rochester, Binghamton, Syracuse, and Buffalo) and 15 detectives, including supervisors, from the Attorney General’s Investigation Division assigned to work with OSI. In addition, OSI has a policy analyst, who focuses on OSI’s data and recommendations (including for this report); legal support analysts, who work with attorneys and detectives in investigations, trial preparation, and the preparation of video (such as body-worn camera footage) for public release; and family liaisons and a community liaison, who, together with attorneys and detectives, attend meetings with family members of persons who have died in law enforcement encounters and with members of communities affected by these incidents. Assistant attorneys general in OSI are currently prosecuting four indictments, each of which charges an officer with Murder in the Second Degree and other crimes. See Section 2 for a summary of the indictments. Under Executive Order 147, issued in 2015 and in effect through March 31, 2021, the Attorney General had a narrower form of authority, to investigate and, when warranted, prosecute offenses arising from incidents in which a police officer (but not a peace officer) caused the death of an unarmed (but not of an armed) civilian. Executive Order 147 can be read here: Executive Order 147. 1 2 In the past 12 months OSI has issued 16 public reports about incidents in which OSI found that an officer caused a death but determined that criminal charges were not warranted. Such reports are required by Paragraph 6 of Section 70-b. See Section 3 for a summary of published reports. In determining whether criminal charges are warranted, OSI’s attorneys are ethically bound to evaluate whether the admissible evidence obtained in the investigation would carry the prosecutor’s burden to prove the criminal charges beyond a reasonable doubt at trial, and, where relevant, the prosecutor’s burden to disprove the defense of justification beyond a reasonable doubt at trial. 2 OSI investigates deaths of persons in the custody of corrections departments around the state. These include deaths of persons in the custody of the New York City Department of Correction (“NYC DOC”) at Rikers Island, the jail complex operated by NYC DOC, and elsewhere. See Section 4 for summaries of the investigations OSI has completed to date of NYC DOC matters. Section 70-b authorizes OSI to make recommendations based on its investigative work. Please see Section 5 for a series of recommendations. On an annual basis, OSI receives notification of more than 200 incidents in which a death was caused by an officer, or in which there is a question whether a death was caused by an officer. More than half of those notifications concern incidents in jails and prisons. See Section 6 and the Tables in the Appendix for an analysis of OSI’s data, including complete data for the 12-month period ended August 31, 2022 (Table A), updates on the data reported in the previous OSI annual report (Table B), and data on cases relating to persons in the custody of the New York City Department of Correction (Table C). In the 18 months since Section 70-b went into effect, the most consistent themes in the cases investigated by OSI are mental illness and drug use. In jails and prisons, persons are dying by suicide and from drug overdoses (see Sections 5.4 and 5.5). On the street, many police responses are initiated because a person is in a mental health crisis (See Section 3, reports on the deaths of Jeffrey McClure, George Zapantis, Judson Albahm, Jess Bonsignore, Christopher Van Kleeck, Brandi Baida, and Allison Lakie; and see Section 6, subsection on “Police Shootings and Mental Health Crises”). Therefore it is critical that the state, corrections agencies in the state, and police agencies in the state, thoughtfully design, adequately fund, and effectively implement programs to reduce the risk of death due to mental illness and drug use, as described in Section 5, Recommendations. Pursuant to the American Bar Association’s Standards for the Prosecution Function, Standard 3-4.3 Minimum Requirements for Filing and Maintaining Criminal Charges: “(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.” See also, Rule 3.8 of the New York Rules of Professional Conduct. See below, Section 3, for an explanation of the defense of justification and the prosecutor’s burden to disprove the defense of justification beyond a reasonable doubt in cases where the defense is raised. 2 3 2. Summary of Indictments Members of OSI are prosecuting the four indicted cases described below. 3 Indictments are accusations. Every defendant is presumed innocent unless and until a jury determines that the evidence proves the defendant’s guilt beyond a reasonable doubt. People v. Errick Allen The indictment charges Errick Allen, who was an officer of the New York City Police Department (“NYPD”), with Murder in the Second Degree, Manslaughter in the First Degree, and Menacing, for using his service weapon to threaten and then to kill Christopher Curro on May 12, 2020, in Nassau County.4 Allen and Curro lived in Nassau County and were longtime friends, but text messages indicated they were in a dispute. On May 12, 2020, shortly after 8:00 pm, in a residential neighborhood in Farmingdale, Allen, who was off-duty, allegedly killed Curro by shooting him five times at close range, including twice in the head, with his NYPD service weapon. Curro was unarmed. Allen initially fled the scene but returned later in the evening. The indictment is pending in Nassau County Court, in Mineola. A trial date has not been set. The indictment is at this link: Errick Allen Indictment. Christopher Curro was white. At the time of the incident he was 25 years old. NYPD terminated Allen after the incident.5 People v. Christopher Baldner The indictment charges Christopher Baldner, who was a trooper in the New York State Police (“NYSP”), with Murder in the Second Degree, Manslaughter in the Second Degree, and Reckless Endangerment in the First Degree, for using his trooper vehicle to cause the death of Monica Goods, who was 11 years old, and to endanger other members of her family, on December 22, 2020, in Ulster County.6 The indictment also charges that, in September of 2019, Baldner similarly endangered the lives of a driver and his passengers by using his police vehicle to ram their car. OSI prosecuted one indictment to trial in the past 12 months, People v. Oropallo, in Chemung County Court, in the City of Elmira, during April 2022. The trial resulted in an acquittal, and therefore information about the case is sealed, pursuant to Criminal Procedure Law Section 160.50. The incident in the case occurred in 2019, prior to the effective date of Section 70-b, and was prosecuted by the Attorney General’s Office pursuant to an Executive Order. 4 This incident arose prior to the effective date of Section 70-b, and OSI is therefore prosecuting the matter pursuant to Executive Order 147; see Footnote 1. 5 Paragraph 7 of Section 70-b directs OSI to include in the annual report “racial, ethnic, age, gender and other demographic information concerning the persons involved” in its investigations. 6 This incident arose prior to the effective date of Section 70-b, and OSI is therefore prosecuting the matter pursuant to Executive Order 147, see Footnote 1, as well as Executive Order 7, pertaining to a prior act, which did not result in death. Executive Order 7 can be seen in this link: Executive Order 7. 3 4 On December 22, 2020, at about 11:40 pm, Tristan Goods was driving on the New York State Thruway with his wife and two daughters, aged 11 and 12, on the way to visit family for Christmas. Trooper Baldner was on patrol in his marked NYSP vehicle and stopped the Goods family car for speeding. During the stop, Baldner pepper sprayed Mr. Goods and Mr. Goods sped away. During the pursuit, when both cars were traveling over 100 miles per hour, Baldner allegedly deliberately rammed his police vehicle into the rear of the Goods car, twice. Upon the second strike, the Goods car flipped over and came to rest upside down in the median. The impact ejected Monica Goods from the car, killing her. Christopher Baldner was not equipped with body-worn camera or dashboard camera, and no other video captured the incident. The indictment is pending in Ulster County Court, in Kingston. A trial date has not been set. The indictment is at this link: Christopher Baldner Indictment. Monica Goods was Black. At the time of the incident she was 11 years old. Christopher Baldner has retired from NYSP. People v. Yvonne Wu The indictment charges Yvonne Wu, who was an officer in the NYPD, with Murder in the First and Second Degrees, Attempted Murder in the First and Second Degrees, Assault in the First Degree, and Burglary in the First Degree, for using her service weapon to shoot and kill Jamie Liang, and to shoot and wound Jenny Li, on October 13, 2021, in Kings County. On October 13, 2021, Yvonne Wu, while off-duty, went to the Brooklyn home of Jenny Li, whom she knew, and allegedly forced Jenny Li to let her inside, where Wu used her service weapon to shoot and kill Jamie Liang, a friend of Li’s, and to shoot and wound Li. The indictment is pending in Kings County Supreme Court, in Brooklyn. A trial date has not been set. The indictment is at this link: Yvonne Wu Indictment. Jamie Liang was Asian. At the time of the incident she was 24 years old. NYPD terminated Wu after the incident. People v. Dion Middleton The indictment charges Dion Middleton, an officer in NYC DOC, with Murder in the Second Degree, and Manslaughter in the First and Second Degrees, for using his service weapon to shoot and kill Raymond Chaluisant in the Bronx on July 21, 2022. On July 21, 2022, shortly after 1:00 am, when he was off duty and on foot near the Cross Bronx Expressway and Morris Avenue in the Bronx, Middleton allegedly shot and killed Raymond Chaluisant, who was a passenger in a car. Middleton left the scene without reporting the incident and went to work later that morning at the firing range where he worked as a firearms instructor for NYC DOC. He was at the range when he was apprehended by NYPD in the afternoon of the same day. 5 The indictment is pending in Bronx County Supreme Court. A trial date has not been set. The indictment is at this link: Dion Middleton Indictment. Raymond Chaluisant was Hispanic; at the time of the incident he was 18 years old. NYC DOC suspended Middleton, pending a disciplinary process. 3. Reports Released by OSI in the Past 12 Months When OSI determines not to seek charges in an incident in which a police officer or peace officer caused the death of a person, Section 70-b, Paragraph 6, requires OSI to publish a report detailing the investigation and explaining why OSI declined to present evidence to a grand jury. That Paragraph also authorizes OSI to include in the published report recommendations for systemic or other reforms arising from the investigation. When OSI concludes an investigation, and prior to issuing a report, the OSI attorney and detective assigned to the investigation, as well as a family liaison and, often, the community liaison meet with family members of the person who died (and their counsel, if they wish) to explain the steps OSI took in the investigation and OSI’s investigative findings and legal analysis. Members of OSI also meet with family members earlier in the course of an investigation to explain the investigative process and to show video of the incident to family members, in cases where such video exists. OSI’s Investigations OSI’s investigations, each of which takes a number of months to complete, include, depending on the case: - interviews of o police officers and corrections officers; o civilian bystander witnesses and jail and prison inmate witnesses; o the medical examiner who performed the autopsy; o the emergency medical responders, treating physicians, and responding jail and prison medical staff; - and reviews of o officers’ body-worn camera (“BWC”) videos and dashboard camera (“dashcam”) videos; o police and corrections departments’ surveillance camera videos and data from gunshot detection technologies; o civilian videos from fixed security cameras and cell phones; o recorded 911 calls, dispatch transmissions, and officer-to-officer communications; o police departments’ crime scene and other photographs, ballistics reports, and accident reconstruction reports; o police and corrections departments’ incident reports and investigative reports; o medical records, including physical and mental health records; o autopsy reports and photographs, and toxicology reports. 6 New York’s Law of Justification Many of the cases OSI decides not to present to a grand jury turn on New York’s law of justification, which is set forth in Article 35 of the Penal Law. As applied to OSI’s cases, the basic idea underlying the law of justification is the right to defend oneself or another from wrongful physical force. There are two provisions in Article 35 most often relevant to OSI’s investigations. One is the general provision justifying all persons’ (civilians’ or officers’) use of deadly physical force to defend themselves or others from another person’s wrongful use of deadly physical force (Penal Law Section 35.15, Subdivision 2). The other is a provision specifically justifying police officers’ or peace officers’ use of deadly physical force to defend themselves or others from another person’s wrongful use of deadly physical force when the officer is making an arrest or preventing an escape from custody for a criminal offense (Penal Law Section 35.30, Subdivisions 1 and 2; and Section 35.15 Subdivision 2(a)(ii)).7 An important difference between the general provision and the officer-specific provision concerns the duty to retreat. Civilians may not use deadly physical force in defense of self or another if they know they can retreat with complete safety to themselves and others, Penal Law Section 35.15(2)(a). However, officers who are justified in using deadly physical force under Penal Law Section 35.30 because they are making an arrest or preventing an escape for an offense are under no duty to retreat, even if they could do so with complete safety to themselves and others, Penal Law Section 35.15(2)(a)(ii). Under the Penal Law, justification is legally a “defense,” Penal Law Section 35.00, not an “affirmative defense.” This means that, if a case goes to trial, the burden is on the prosecutor to disprove justification beyond a reasonable doubt, Penal Law Section 25.00(1). The burden of proof is often a critical factor in OSI’s decision whether or not to seek criminal charges in a case. The general provision, Section 35.15, reads in part as follows: “1. A person may … use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person…. 2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating….” The provision specific to police officers and peace officers, Section 35.30, reads in part as follows: “1. A police officer or a peace officer, in the course of effecting or attempting to effect an arrest, or of preventing or attempting to prevent the escape from custody, of a person whom he or she reasonably believes to have committed an offense, may use physical force when and to the extent he or she reasonably believes such to be necessary to effect the arrest, or to prevent the escape from custody, or in self-defense or to defend a third person from what he or she reasonably believes to be the use or imminent use of physical force; except that deadly physical force may be used for such purposes only when he or she reasonably believes that: … (c) … the use of deadly physical force is necessary to defend the police officer or peace officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force.” 7 7 Reports OSI Published in the Last 12 Months The reports OSI has published in the past 12 months are summarized below. Jeffrey McClure, June 7, 2020, Suffolk County.8 On the evening of June 7, 2020, members of the Suffolk County Police Department (“SCPD”) went to the McClure house in East Northport after Jeffrey McClure’s father called 911 to report that his son was “going berserk,” under the influence of alcohol and drugs, experiencing a mental health crisis, and wielding a BB gun. When members of SCPD arrived, they found Jeffrey McClure in the living room of the house, holding what appeared to be a rifle. He pointed it at the officers and threatened to shoot them. The officers told Mr. McClure to put the weapon down, but he ran to the basement, where family members told officers a safe held other firearms. For several minutes officers pursued Mr. McClure through the house and back yard. Two officers were looking for Mr. McClure in the back yard when he appeared on the roof of the house, pointed the rifle at the officers, and threatened to kill them. One of the officers fired and struck Mr. McClure, who died of his wounds. When officers recovered the rifle from the roof, it was found to be an air rifle, not a firearm. None of the officers who responded to the McClure house were equipped with BWCs. OSI concluded a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. The evidence was that the shooting officer reasonably believed his life and the life of the other officer in the back yard to be in danger. OSI recommended that SCPD better prepare for such situations in the future, including training more officers to handle mental health crises and improving tactics and training for emergencies when multiple officers respond. OSI recommended that the County enhance its Behavioral Health Section and 911 Mental Health Call Diversion Program. And OSI urged SCPD to expedite its rollout of BWCs to all officers, detectives, and supervisors. Jeffrey McClure was white. At the time of the incident he was 26 years old. The McClure report can be read here: Jeffrey McClure George Zapantis, June 21, 2020, Queens County.9 On the evening of June 21, 2020, members of NYPD went to a multi-family house in Whitestone, Queens, after a bystander called 911, saying people were fighting and one of them had a gun. When officers arrived neighbors told them about an argument involving Mr. Zapantis, said no gun was involved, but did say Mr. Zapantis had a sword. Officers went to the door of Mr. Zapantis’s ground-floor apartment in the multifamily house to try to speak to him. They saw through a window 8 9 This case was investigated pursuant to Executive Order 147. See Footnote 1. This case was investigated pursuant to Executive Order 147. See Footnote 1. 8 that Mr. Zapantis was dressed in gladiator attire, including a helmet, shield, and sword, and called for the Emergency Services Unit, which includes trained negotiators, to respond. Although officers had a conversation with Mr. Zapantis through the closed door for some minutes in an effort at deescalation, he suddenly broke through the door and began to fight with the officers, who in turn attempted to restrain him with handcuffs and subdue him with Tasers. During the struggle, Mr. Zapantis went limp and became unresponsive. Despite life-saving measures attempted at the scene, Mr. Zapantis was pronounced dead less than an hour later. The Medical Examiner determined the cause of Mr. Zapantis’s death to be cardiac arrest due to dilated cardiomyopathy during physical restraint by police, including conducted electrical weapon (i.e., Taser) use. The officers involved in the physical struggle with Mr. Zapantis wore BWCs, which captured the incident. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ conduct was justified: the evidence was that the officers used reasonable physical force, and not deadly physical force, in response to physical force used by Mr. Zapantis. George Zapantis was white. At the time of the incident he was 29 years old. The Zapantis report can be read here: George Zapantis. Judson Albahm, March 4, 2021, Onondaga County.10 On the afternoon of March 4, 2021, officers from NYSP, the DeWitt Police Department, and the Onondaga County Sheriff’s Office responded to a 911 call from Judson Albahm’s mother, seeking help in finding her son, who had driven away from her house after a mental health crisis team arrived for a previously scheduled evaluation. Officers found Judson on foot in the woods near the house and followed him for about 30 minutes, talking to him and frequently directing him to drop what appeared to be a black pistol in his hand. Some, but not all, of the responding officers were aware that Judson suffered from mental health issues and owned air guns, but a dispatcher had told other officers that 911 callers said Judson was carrying a handgun. When Judson stopped his flight and pointed his gun at two officers who had not been told about Judson’s air guns, they and other officers fired at Judson, who died of his wounds. Later, when Judson’s gun was recovered, it was found to be an air gun, without any of the legally required markings to indicate it was not a firearm. Although some of the officers involved in the pursuit had BWCs, none of the shooting officers had a BWC, and the shooting was audibly, but not visually, captured on BWCs. 10 This case was investigated pursuant to Executive Order 147. See Footnote 1. 9 OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. Judson pointed what appeared to be a black handgun at pursuing officers, who fired at him after issuing warnings to drop the gun. OSI recommended that the agencies involved better prepare to handle such situations, including by equipping all officers with body-worn cameras, and by establishing clear protocols when multiple agencies respond to an incident, so that they effectively share information and coordinate their response. OSI also recommended that New York clarify and strengthen its laws on imitation firearms, so that no imitation gun could be mistaken for a firearm.11 Judson Albahm was white and Middle Eastern. At the time of the incident he was 17 years old. The Albahm report can be read here: Judson Albahm. Tyler Green, April 6, 2021, Otsego County. Tyler Green and his partner were the parents of a boy just under two years old. On April 6, 2021, the partner, her sister, and the child were visiting Mr. Green at his house in the City of Oneonta. Because of violent threats being made by Mr. Green, the sister slipped away, drove to the Oneonta Police Department (“OPD”), and reported the threats to them. Two OPD officers, who received a dispatch that Mr. Green had threatened to stab his partner with a knife, went to the house. Upon arriving, the officers saw Mr. Green, his partner, and the child in the front yard. Mr. Green lunged at his partner with a knife and threatened to kill her. The officers drew their guns and shouted at Mr. Green to drop the knife. Mr. Green swung at his partner’s leg with the knife, cutting her, swung the knife at the officers, grabbed his son by the leg, and began to swing the knife at his son. One of the officers fired at Mr. Green, who released the child. Mr. Green later died of his wounds. The officers’ BWCs captured the incident. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the firing officer was justified in his use of deadly force, as Mr. Green was inches away from using a knife against the child, and only the officer’s use of deadly physical force prevented him from doing so. OSI recommended that New York change its law to align with every other state to permit air ambulances to provide blood to critically injured patients.12 Although such authority would not have After the issuance of the Albahm report, the Legislature passed a law requiring all imitation guns to be made entirely of brightly colored or transparent material: NY State Senate Bill S687 (nysenate.gov). Also see tweet and letter from the Attorney General pushing for stronger standards on imitation firearms. Separately, after Judson’s death, the Onondaga County legislature provided funding for the Sheriff’s Office to equip its officers with BWCs; the Sheriff’s Office implemented the BWC program months later: After years without body cameras, Onondaga County deputies now get the equipment - syracuse.com. 11 The Green report was issued on December 3, 2021. On December 22, 2021, the governor signed a law permitting air ambulances to carry, distribute, and transfuse blood. See Public Health Law Section 3003-B. 12 10 saved Mr. Green’s life, due to the gravity of his injuries, the inability of the air ambulance personnel to give him blood during a medevac flight brought this flawed law to OSI’s attention. Tyler Green was white. At the time of the incident he was 23 years old. The Green report can be read here: Tyler Green. Mark Gaskill, May 14, 2021, Monroe County. In the early morning hours of May 14, 2021, members of the Rochester Police Department (“RPD”) received alerts of gunshot activity from ShotSpotter, an automated gunshot detection technology, and could see, on RPD’s street surveillance video, that a possibly involved car was driving away from the site of the shooting. When the car pulled over a few minutes later and a few blocks away from the site of the shooting, RPD officers approached and spoke to the driver and passengers. When they asked Mr. Gaskill, the rear-seat passenger, for identification, he gave a false name and date of birth. When officers tried to open the car door nearest to Mr. Gaskill, they saw him draw a gun from his waistband. The officers backed away quickly and shouted at Mr. Gaskill to drop the gun. Mr. Gaskill opened the door and began to get out of the car. The officers shouted at him to show his hands, and then fired. Mr. Gaskill died of his wounds. Later, police recovered a loaded semi-automatic pistol from the car, near Mr. Gaskill’s seat, which ballistics testing showed was the same gun used to fire the shots detected by ShotSpotter. The officers’ BWCs captured the incident. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. Mr. Gaskill pulled out a gun and seemed about to advance on the officers, who were aware that the car Mr. Gaskill was in had minutes before been involved in a shooting. Mark Gaskill was white. At the time of the incident he was 28 years old. The Gaskill report can be read here: Mark Gaskill. Jesse Bonsignore, May 20, 2021. On the evening of May 20, 2021, in Manorville, Suffolk County, a neighborhood resident called 911 and said there was a man sleeping in the back seat of a car parked across the road from the resident’s house. An SCPD officer responded and saw the man, Jesse Bonsignore, sleeping in the back seat of the parked car as reported, and knocked on the window. Mr. Bonsignore awoke, began screaming, and threatened to kill the officer. The officer told Mr. Bonsignore to remain in the car and called for backup over the radio, but Mr. Bonsignore got out of the car. The officer tried to tell Mr. Bonsignore he was not in trouble, but Mr. Bonsignore again said he was going to kill the officer. 11 The officer noticed a folding knife on Mr. Bonsignore’s belt, which was later recovered. The officer tried to handcuff Mr. Bonsignore to prevent him from using the knife, but Mr. Bonsignore resisted and pushed backward against the officer, and both fell to the ground. In the ensuing struggle, Mr. Bonsignore tried to grab his knife and then reached for the officer’s gun. The officer tried to hold Mr. Bonsignore’s arms and pulled his gun from its holster to prevent Mr. Bonsignore from taking control of the gun. Mr. Bonsignore grabbed the officer’s gun hand, and the officer, fearing for his life, shot Mr. Bonsignore. OSI interviewed the resident and obtained security camera footage from his home; the statements and the video were consistent with the officer’s account. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officer’s actions were justified. Mr. Bonsignore reached for his knife, tried to take the officer’s gun, and threatened to kill the officer. The officer was not equipped with BWC, and his patrol car did not have a dashboard camera. OSI reiterated its recommendation that SCPD accelerate its implementation of BWC (see above, regarding the recommendation in the McClure report). Jesse Bonsignore was white. At the time of the incident he was 44 years old. The Bonsignore report can be read here: Jesse Bonsignore. Timothy Flowers, June 4, 2021, Monroe County. Fingerprints, eyewitnesses, and other evidence established probable cause that Mr. Flowers was the gunman who had shot and injured Rochester residents in incidents on May 3, 6, and 10, 2021. RPD prepared a “wanted package” for Mr. Flowers’s arrest on charges of Attempted Murder in the Second Degree, Assault in the First Degree, and Criminal Possession of a Weapon in the Second Degree. SWAT Team officers searched for and found Mr. Flowers on June 4, 2021, on foot in a parking lot in Rochester. When Mr. Flowers saw officers approaching him, he ran. Two officers followed him on foot to a residential neighborhood, where Mr. Flowers hid behind a house and fired at one of the officers, who fired back. Hearing gunfire, the second officer approached Mr. Flowers from the other side of the house. Mr. Flowers turned toward the second officer, ignored his shouts to drop the gun, and pointed his gun at him. The second officer fired at Mr. Flowers. Mr. Flowers died from his injuries. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. Mr. Flowers had fired at one officer and was pointing his gun at the second officer, and both officers knew that Mr. Flowers was suspected of shooting and wounding other persons in three recent incidents. At the time of this incident, and in an exception to its general policy, RPD did not equip SWAT team officers with BWCs. So the two shooting officers did not have BWCs, and the incident was not visually captured by any other officers’ BWC. 12 OSI recommended that RPD extend its BWC policy to all officers, including SWAT teams.13 Timothy Flowers was Black. At the time of the incident, he was 29 years old. The Flowers report can be read here: Timothy Flowers. Christopher Van Kleeck, June 12, 2021, Orange County. Mr. Van Kleeck lived with his parents in Orange County. He had a significant history of mental illness, had been in physical confrontations with police officers, and had more than once threatened violence. On June 12, 2021, when Mr. Van Kleeck was home with his parents, and after an escalating series of incidents that day, his mother called a local mental health service, whose members were familiar with Mr. Van Kleeck, to ask them to send help. Mr. Van Kleeck took the phone from his mother and threatened to “take out” any police officers who came to the house. The mental health service alerted the police, who sent officers to the house. The first officer to arrive, who was a member of the Town of Wallkill Police Department, was rolling to a stop alongside the lawn by the house, when, as civilian security video shows, Mr. Van Kleeck was running after his father across the lawn with raised knives in both hands. Within seconds of the officer’s arrival, as shown in the officer’s dash cam, Mr. Van Kleeck ran across the front of the officer’s stopped car still holding the knives, and the officer shot through the windshield, killing Mr. Van Kleeck. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer was justified in using deadly physical force against Mr. Van Kleeck. Seconds before the shooting Mr. Van Kleeck appeared to be about to stab his father and, at the moment the shots were fired, still held the two knives and was running at the stopped police car, occupied by the officer. Christopher Van Kleeck was white. At the time of the incident he was 31 years old. The Van Kleeck report can be read here: Christopher Van Kleeck. Steven Leconte, July 8, 2021, Kings County. On the evening of July 8, 2021, Steven Leconte, on foot, approached a group of men gathered outside a store in Bushwick, Brooklyn, and fired a gun, wounding three of them. A fourth person near the store fired a gun at Mr. Leconte, wounding him in the leg. NYPD officers patrolling nearby heard the shooting and arrived at the store within minutes; bystanders pointed them to where the shooter had fled. The officers found Mr. Leconte nearby, crouched beside a parked car, with a gun in his hand. The officers shouted at him to drop the gun, but he pointed the gun at the officers, and the officers fired. Mr. Leconte died of his wounds. The officers’ BWCs captured the incident. RPD has informed OSI it is in the process of obtaining new BWCs for the department, and that the number of devices should be sufficient to equip SWAT Team members as well as other officers with BWCs. 13 13 OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. They knew Mr. Leconte had just shot three men and saw that he still held a gun. Despite their orders to drop it, he pointed it at the officers. Steven Leconte was Black. At the time of the incident he was 53 years old. The Leconte report can be read here: Steven Leconte. David Wandell, August 27, Chemung County. On August 21, 2021, David Wandell was the subject of an alert sent to members of all law enforcement agencies in Chemung County, which advised officers he was wanted for a parole violation and to use caution if they encountered him, because of his documented history of violence. On August 27, 2021, an NYSP investigator saw Mr. Wandell walking in the Eldridge Park area of the City of Elmira and radioed for assistance. An Elmira Police Department (“EPD”) officer who heard the radio call passed Mr. Wandell in her cruiser and got out, intending to take him into custody. Mr. Wandell pointed what appeared to be a gun at her. The EPD officer fired shots at Mr. Wandell and then stumbled backward as Mr. Wandell fled the area. Though it does not appear that the EPD officer’s bullets hit Mr. Wandell, other responding officers saw Mr. Wandell point a gun at the officer, heard gunfire, and saw the officer fall. Presuming the EPD officer had been shot, another nearby officer reported over the radio that Mr. Wandell had shot an officer. A dispatcher transmitted a call to all county units for assistance because of “shots fired at officers.” Officers from a number of agencies followed Mr. Wandell and confronted him in Woodlawn Cemetery, shouting at him to drop his weapon and show his hands. Mr. Wandell, taking cover behind a tree, raised the gun toward the officers, and five officers – an NYSP trooper, an EPD investigator, a sergeant and a deputy from the Chemung County Sheriff’s Office, and a parole officer with New York State Department of Corrections and Community Supervision – fired at Mr. Wandell. Mr. Wandell died of his wounds. Officers recovered an airsoft pistol on the ground next to Mr. Wandell’s body. The orange paint on the tip, which is required by law to distinguish it from a normal firearm, had been removed. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. Officers saw Mr. Wandell raise what appeared to be a gun at them, had heard over the radio that he had fired at an officer near Eldridge Park minutes earlier, and had been warned in the alert that he had a history of violence. Although the initial encounter between Mr. Wandell and the EPD officer near Eldridge Park was partially captured on that officer’s BWC, not all the officers from the agencies who pursued and then shot at Mr. Wandell were equipped with BWCs, and the shooting that caused Mr. Wandell’s death was audibly, but not visually, captured on BWC. 14 Mr. Wandell was white. At the time of the incident he was 53 years old. The Wandell report can be read here: David Wandell. Dedrick James, September 15, 2021, Monroe County. In December 2020, in the Wayne County Town of Marion, an NYSP investigator began an investigation to determine how Dedrick James’s two-year-old son had come to be seriously injured. In July 2021, after a months-long investigation, including interviews of Mr. James and the mother of the child and review of medical and other evidence, the NYSP investigator filed a criminal court complaint charging Mr. James with Assault in the Second Degree for the injuries sustained by the child. The investigator obtained an arrest warrant from the Marion Town Justice based on the complaint. Over the next few weeks, the NYSP investigator in Wayne County called Mr. James and visited a Rochester address Mr. James had provided but did not receive a response. The investigator referred the warrant to the United States Marshals Service (“USMS”) Fugitive Task Force in Rochester to find and arrest Mr. James. On September 15, 2021, based on observations indicating that Mr. James was then at the Rochester address he had provided, USMS Task Force officers from agencies including USMS, NYSP, and RPD went to the house to arrest Mr. James. Three officers went to the front door and knocked, and Mr. James’s grandmother opened the door. Mr. James came out of a bedroom and approached the officers, but then ran into a bathroom when told he was under arrest. Officers followed him into the bathroom, where one officer attempted to restrain Mr. James from behind in a bear hug. That officer and Mr. James fell into the bathtub. Mr. James had a gun in his hand, which he pointed at the officer’s head. A brief struggle over the gun ensued, and the gun went off, fatally striking Mr. James in the chest. Mr. James’s Smith & Wesson .380 pistol and an expended shell casing were recovered, along with boxes of ammunition in Mr. James’s bedroom that matched the ammunition in the gun and the expended shell casing. Ballistics testing and an autopsy showed that Mr. James was killed by a single bullet discharged from the recovered firearm. No officer fired a gun. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. No officer used deadly physical force, and the bear hug one officer used to restrain Mr. James was a reasonable use of physical force to effect his arrest. No officer involved in the arrest was equipped with a BWC. At the time of the incident, the United States Department of Justice (DOJ) had recently changed its policy to permit USMS Task Force 15 members to wear BWCs, but full implementation had not yet occurred. OSI recommended that DOJ and USMS fully implement use of BWCs by Task Force Officers without further delay.14 Dedrick James was Black. At the time of the incident he was 25 years old. The James report can be read here: Dedrick James. Brandi Baida, September 21, 2021, Cayuga County. On the morning of September 21, 2021, callers told 911 there was an active shooter in a residential neighborhood in the City of Auburn. A neighbor told an arriving Auburn Police Department (“APD”) officer that gunshots were coming from a house at 12 Wheeler Street. Officers saw and heard shots fired from a rifle aimed out of a second-floor window at that address, endangering the lives of the responding officers, nearby residents, and pedestrians. After the shooter ignored commands to stop shooting and drop the weapon, an officer fired, striking the shooter and causing her death. The shooter was later identified as Brandi Baida. Officers recovered the rifle Ms. Baida used and rounds of additional ammunition. OSI concluded a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. Ms. Baida was shooting a deadly weapon from a second-floor window onto a residential street, endangering the lives of police officers and civilians, and ignored commands to stop. At the time of this incident, APD did not equip its officers with BWCs. Although APD has taken steps to obtain BWCs for its officers, OSI recommended the department accelerate its efforts. Brandi Baida was white. At the time of the incident she was 30 years old. The Baida report can be read here: Brandi Baida. Simran Gordon, October 6, 2021, Monroe County. Simran Gordon walked into a Dollar Store in Rochester after 9:00 in the evening of October 6, 2021, went behind the checkout counter, showed a gun to the clerks, and told them to give him the money in the cash registers and the safe. One store employee went to a back room and called 911 to report that a man was robbing the store and holding the clerks at gunpoint. The RPD dispatcher put out the call as a gunpoint robbery. Two RPD officers arrived at the store a few minutes later, while Mr. Gordon was still behind the counter with the clerks, waiting for the safe to open, which was on a five-minute delay. Mr. Gordon had his hands in the pocket of his sweatshirt. When one of the officers asked Mr. Gordon to show his hands, he refused and, after a slight hesitation, bolted toward the rear of the store. One officer 14 OSI recently asked USMS about the status of its BWC implementation but has not yet received a response. 16 chased Mr. Gordon down the aisle and the other officer chased along a parallel aisle. Mr. Gordon fired one shot at the first officer, missing him, and that officer then fired at Mr. Gordon, killing him. Mr. Gordon’s gun and physical evidence that he had fired it were recovered at the scene. Store security video and the officers’ body worn cameras captured the incident. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. Mr. Gordon was committing a gunpoint robbery in a store in which employees and customers were present, and, when officers arrived and began to ask questions, Mr. Gordon, attempting to flee, fired his gun at one of the officers. After the incident, RPD issued statements alleging that Mr. Gordon was “tied to” and “connected to” prior murders of three persons. Though the public has an interest in having information about persons who die in encounters with police, statements alleging a person committed prior crimes will not only be painful to the person’s surviving family members – causing them to feel that their relative’s character has been assailed in an effort to justify police conduct – but could even prejudice the investigation of the person’s death, by creating the erroneous impression that the alleged prior crimes are relevant to OSI’s analysis. Therefore, OSI recommended that any statement by a police department about a decedent’s alleged prior crimes: should be well founded; should be framed as a mere allegation, unless it is about an actual criminal conviction; and should be prominently accompanied by a caution that the alleged prior crime is not relevant to the legality of the conduct of the officers in the incident.15 Mr. Gordon was Black. At the time of the incident he was 24 years old. The Gordon report can be read here: Simran Gordon. Allison Lakie, October 20, 2021, Onondaga County. In the evening of October 20, 2021, members of the Syracuse Police Department (“SPD”) responded to a house in the City of Syracuse to assist emergency medical personnel who were already present. When officers arrived, Allison Lakie was in the kitchen of the house, holding a knife and refusing to come out. Responding officers spoke to Ms. Lakie for about two hours from the front doorway, trying to persuade her to put down her knife and to come out of the house. Some of the officers speaking to Ms. Lakie had been trained in methods of dealing with people in mental health crises. Despite the attempts at de-escalation, Ms. Lakie set a fire in the kitchen, which began to grow, and several officers entered the house with a firefighter. As Ms. Lakie continued to hold a knife, the entering officers tried to subdue Ms. Lakie with Tasers (which were ineffective) as the firefighter put the fire out. Through the smoke and steam of the extinguished blaze, which RPD has not commented publicly on OSI’s recommendation in the Gordon case. A news report indicates RPD recently named Simran Gordon as the shooter in a homicide and closed the case: RPD: Simran Gordon killed man on Weld Street in June 2021 - WHEC.com. 15 17 obscured what was happening, Ms. Lakie came out of the kitchen and at the officers with a knife in each hand. Four officers fired their guns at her, causing her death. The officers’ BWCs captured the incident. OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ actions were justified. The officers attempted for two hours to resolve the incident without a physical confrontation, and only entered the house when a fire threatened to grow out of control, endangering the life of Ms. Lakie, and only fired when Ms. Lakie came at them with knives in both hands. Allison Lakie was white. At the time of the incident she was 35 years old. The Lakie report can be read here: Allison Lakie. Wesley Soper, December 17, 2021, Monroe County. At 2:30 a.m., on December 17, 2021, a Monroe County Sheriff’s deputy was on patrol on the Pittsford-Palmyra Road. As he entered the intersection with Moseley Road, the deputy, whose attention was diverted by a truck parked near an ATM, felt his car strike something. The deputy stopped, got out, and saw that he had hit a pedestrian, later identified as Wesley Soper, whose injuries were fatal. In an interview with OSI, the deputy said he had the green light going into the intersection. There was no dash cam in his car, and his BWC was not activated prior to the impact. Security footage from a nearby Walgreen’s was obtained. The deputy registered zero on an alcohol test at the scene, and a review of his cell phone indicated he was not texting or on a call at the time of the impact. Accident reconstruction indicated the deputy had the green light, that Mr. Soper was crossing Pittsford-Palmyra Road against the light, and that the deputy’s speed at the time of impact was between 49.3 and 57.4 mph, in a zone posted at 45 mph. OSI concluded that the evidence would not have been sufficient to prove a charge of criminally negligent homicide beyond a reasonable doubt at trial. The deputy had the green light, was not impaired, and was not improperly distracted. Although he was going at least five, and possibly as much as 12.4 mph over the speed limit, New York courts do not consider speeding within that range to be serious enough to constitute criminal negligence.16 Penal Law Section 15.05, Subdivision 4 defines criminal negligence as follows, edited to apply to the crime of criminally negligent homicide: “A person acts with criminal negligence … when he fails to perceive a substantial and unjustifiable risk that [death] will occur…. The risk [of death] must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.” New York’s highest court has held that to prove a person guilty of criminally negligent homicide in a vehicular case, the prosecutor must show “serious blameworthiness in the conduct that caused” the death, People v. Boutin, 75 N.Y.2d 692, 696 (1990), and, in a speeding case, “additional risk-creating behavior in addition to driving faster than the posted speed limit that transformed [the] speeding into dangerous speeding,” People v. Cabrera, 10 N.Y.3d 370, 16 18 OSI recommended that Monroe County Sheriff’s cars be outfitted with dash cam. Wesley Soper was white. At the time of his death he was 32 years old. The Soper report can be read here: Wesley Soper. Janet Jordan, March 14, 2022, Monroe County. At 2:08 am on March 14, 2022, security video and other evidence show that an off-duty RPD sergeant entered Janet Jordan’s home by the front door and left an hour later. When Ms. Jordan’s husband came home in the morning, from his night shift as a deputy sheriff at the Monroe County Jail, he found her dead of a gunshot wound and called 911. A subsequent search for the sergeant found him dead in his car of a self-inflicted gunshot wound. On autopsy, a key to Ms. Jordan’s front door was found in the sergeant’s trouser pocket. Although the murder weapon was never found, .22 caliber shell casings with a distinctive crosshair logo, and with the sergeant’s DNA, were found in Ms. Jordan’s house, and .22 caliber shell casings with the same logo were found in the sergeant’s car. Jail video and electronic records establish that Ms. Jordan’s husband was physically at the jail from the beginning to the end of his shift (10:53 pm to 6:56 am). OSI concluded there is no reason to believe anyone other than the sergeant was responsible for Ms. Jordan’s death. Janet Jordan was Black. At the time of her death she was 35 years old. The Jordan report can be read here: Janet Jordan. 4. New York City Department of Correction NYC DOC operates detention facilities on Rikers Island and in a nearby barge. Persons in the custody of NYC DOC are detainees awaiting trial, detainees awaiting sentencing, prisoners sentenced to one year or less of jail time, and prisoners sentenced to more than a year of prison time and awaiting transfer to a state prison. NYC DOC also has custody of persons in transit to or from an NYC DOC facility, persons at courthouses awaiting court appearances, and persons being treated in hospitals. According to the August 2022 Fact Sheet published by the New York Division of Criminal Justice Services (“DCJS”), the NYC DOC population was just under 5600.17 All jails and prisons in New York are required to report deaths and other significant incidents to the New York State Commission of Correction (“SCOC”) for review. SCOC is an independent oversight body, which sees that jails and prisons throughout the state uphold minimum standards under the 377 (2008) [inner quotation marks omitted]. 17 See the DCJS Jail Population by Month Report. A detailed description of NYC DOC’s facilities can be found at NYC DOC Facilities Overview. 19 state’s constitution, statutes, and regulations. SCOC issues an annual report,18 describing its activities and findings, and issues reports on deaths in NYC DOC facilities.19 The New York City Board of Correction (“NYC BOC”) is an independent oversight body for the jails in New York City, which sees that they comply with minimum standards in conditions of confinement and health and mental health care. NYC BOC conducts investigations and issues reports on deaths in NYC DOC custody, jail conditions, housing density, and access to health and mental health care.20 Conditions at Rikers Island have been the subject of innumerable news stories.21 In June, 2015, United States District Judge Laura Taylor Swain appointed a monitor to oversee reforms to NYC DOC facilities, including reducing unnecessary uses of force, increasing video monitoring, and addressing staffing concerns.22 Since that time the monitor has issued 12 reports on conditions at Rikers Island, with dozens of recommendations for improvement.23 The United States Department of Justice has intervened in the litigation.24 Judge Swain recently held hearings on whether to remove NYC DOC from managerial control of the jails and to give that control to a receiver.25 The Independent Commission on New York City Criminal Justice and Incarceration Reform, chaired by Jonathan Lippman, the former Chief Judge of the State of New York, published reports about inhumane conditions at Rikers Island, including violence, environmental hazards, and preventable mortality.26 In its July 2021 report, the Commission proposed a plan to close the jails on Rikers Island and to transition NYC DOC to a borough-based system of jails.27 In this section OSI summarizes investigations it has completed to date into the deaths of persons in NYC DOC custody, occurring since April 1, 2021, the effective date of Section 70-b. If not described in this section, OSI’s investigations into the deaths of persons in the custody of NYC DOC remain active. Table C in the Appendix has data on all NYC DOC notifications OSI received from April 1, 2021 through August 31, 2022. In Section 5 below, OSI makes recommendations concerning suicide prevention and drug overdose prevention in the state’s jails and prisons. The investigation summaries are below: See SCOC Annual Reports. See SCOC Incarcerated Individual Mortality Reports. 20 See NYC Board of Correction Reports. 21 See, e.g., news articles from: New York Times (February 22, 2015); Daily News (April 6, 2017); New York Times (January 1, 2022); New York Times (January 13, 2022); New York Times (February 2, 2022); New York Times (May 18, 2022). 22 See the Consent Judgment for the Nunez Monitorship and Politico (June 20, 2015) for more details 23 Monitor’s reports can be found here: Nunez Monitor Reports 24 See United States Department of Justice August 6, 2020 press release and Rikers Island Remedial Order addressing NYC DOC non-compliance. 25 See NBC New York (April 20, 2022); NYC Public Advocate Press Release (2022); AMNY (May 16, 2022); Politics NY (May 24, 2022); and Gothamist (June 28, 2022). 26 See Commission Reports. 27 See Closing Rikers Island – A Roadmap for Reducing Jail in New York City. 18 19 20 Thomas Braunson, April 19, 2021. Thomas Braunson was arrested for a parole violation on April 16, 2021 and housed at the Eric M. Taylor Center (“EMTC”) on Rikers Island. Prior to his transport to Rikers Island, a corrections officer assessed Mr. Braunson for suicide risk, mental health risk, and substance use history at the Queens Detention Complex. Mr. Braunson denied drug use at that time. On the morning of April 19, 2021, according to handwritten logs and inmate interviews, a fight broke out between two incarcerated persons in the area of EMTC where Mr. Braunson was housed. Later that morning, a corrections officer conducting rounds saw Mr. Braunson lying unresponsive in his bed. The officer called a medical emergency, and staff attempted life-saving measures. Mr. Braunson was pronounced dead 15 minutes later by an urgent care doctor. Heroin and heroin residue were later found on Mr. Braunson and in his cell. The medical examiner determined the cause of death to be acute intoxication from combined effects of fentanyl, heroin, and phencyclidine; the medical examiner’s report also noted evidence of chronic substance use. Two incarcerated persons housed near Mr. Braunson said in interviews that they observed him swallow a quantity of apparent heroin before his death. One said Mr. Braunson “got scared and swallowed everything” when officers entered the housing area following the fight earlier that morning. Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Braunson’s death. Mr. Braunson was Black. At the time of his death he was 35 years old. Richard Blake, April 30, 2021. Richard Blake was arrested for criminal possession of a controlled substance on February 11, 2021 and housed in the Otis Bantum Correctional Center (“OBCC”) on Rikers Island. On April 27, 2021, Mr. Blake had a seizure, was treated in a medical unit, and was returned to his housing. On April 30, 2021, at 10:47 pm, several persons housed near Mr. Blake summoned a corrections officer because Mr. Blake appeared to be having a medical emergency. The responding officer called for assistance from the medical unit but did not directly try to assist Mr. Blake until the arrival of a second officer seven minutes later. When the second officer arrived at 10:54 pm Mr. Blake was no longer breathing. The second officer and an incarcerated person moved Mr. Blake to the floor, where the officer performed chest compressions until the medical unit arrived at 10:56 pm. (Mr. Blake’s housing unit lacked an automated external defibrillator.) Mr. Blake never regained consciousness. The medical examiner determined the cause of death to be hypertensive and atherosclerotic cardiovascular disease. In an interview with OSI the medical examiner said Mr. Blake had 21 significant cardiovascular disease, which obstructed adequate supply of blood to his heart, and that, due to the severity of Mr. Blake’s heart disease, he would have needed to be on an operating table almost immediately to have survived his cardiac arrest. Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Blake’s death. Mr. Blake was Black. At the time of his death he was 45 years old. Brandon Rodriguez, August 10, 2021. Brandon Rodriguez was arrested on August 4, 2021, for Strangulation in the Second Degree and other crimes, and housed at OBCC. On August 5, 2021, at OBCC, a corrections officer assessed Mr. Rodriguez for suicide risk and found no suicide risk. Mr. Rodriguez was held in an overcrowded OBCC Intake holding pen for the next two and a half days, until, on August 8, at 9:45 am, he was assaulted by other incarcerated persons (captured on video) and removed for medical care. Mr. Rodriguez was initially treated at a clinic on Rikers Island and was later taken to Elmhurst Hospital for treatment of a broken bone around his eye; he was returned to OBCC in the morning of August 9. Later on August 9 a doctor and a social worker assessed Mr. Rodriguez’s physical and mental condition; neither found him to be a suicide risk, though both indicated he needed mental health follow-up. Mr. Rodriguez’s medical records, from prior stays on Rikers Island, indicated he had attempted suicide previously. It is not clear whether the two professionals who evaluated Mr. Rodriguez on August 9 saw or had access to those records at the time of the evaluations. On the same day, after the evaluations, Mr. Rodriguez assaulted an incarcerated person (captured on video) and corrections officers took him to the Segregation Intake housing area; when he physically resisted transport to the area, corrections officers used force to handcuff him and place him on a gurney to take him to the area (captured on video). Upon arrival in the Segregation area, shortly before 4:00 pm, corrections officers put Mr. Rodriguez in a shower cell, explaining that the regular cells had not been cleaned. According to an officer’s incident report, at about 7:20 pm, corrections officers came to Mr. Rodriguez, still in the shower cell, told him they were going to take him to a medical clinic to be evaluated because of the earlier use of force, and began to place handcuffs on him through a cuffing port. However, with only one wrist cuffed, Mr. Rodriguez pulled his arms back and refused to allow his other wrist to be cuffed. The corrections officers demanded that he allow them either to cuff the other wrist or to take their cuffs back, but Mr. Rodriguez refused. Some, though not all, nearby incarcerated persons said in investigative interviews that Mr. Rodriguez said he would kill himself and that one of the officers responded, I don’t care if you kill yourself, I need my cuffs back. 22 Video surveillance (which does not have audio) confirms that officers arrived about 7:20 pm, spoke to Mr. Rodriguez in the cell, and appeared (from a vantage point behind the officers) to attempt to cuff him and then struggle with him. One of the officers involved in the cuffing incident refused, via her attorney, OSI’s request for an interview; the other officer has left NYC DOC employment and OSI has not succeeded in locating and interviewing him. After the cuffing incident, video shows that Mr. Rodriguez spoke often with other incarcerated persons, and that a corrections officer frequently checked on Mr. Rodriguez. Video also captured Mr. Rodriguez appearing to prepare to take his own life, taking off his shirt, twisting it, putting it around his neck, and tying it to something in the cell. There are moments in the video, especially after midnight, when it appears that Mr. Rodriguez ceased his preparatory actions because another person was nearby and might have been able to see him. Although the video does not capture an incarcerated person or the corrections officer noticing these actions, one incarcerated person, in a later interview, said he saw these actions but did not realize Mr. Rodriguez was going to hang himself. Video shows that at 12:03 am, the corrections officer assigned to the Segregation Intake housing area looked directly into Mr. Rodriguez’s cell for 20 seconds, from the gallery above and across from the cell, and then left the area. Video shows that at 12:33 am the officer re-entered the gallery above and across from Mr. Rodriguez’s cell, looked into the cell, went down to the cell, opened it, moved Mr. Rodriguez, used his radio, and began chest compressions on Mr. Rodriguez. The NYC DOC incident report states that the officer found Mr. Rodriguez hanging at 12:30 am. Based on recorded transmissions, the officer made three radio calls for medical to come ASAP while he continued to perform chest compressions. Medical staff arrived at 12:43 am and continued attempts to resuscitate Mr. Rodriguez. Medical staff declared Mr. Rodriguez dead at 1:08 am. The medical examiner determined the cause of death to be hanging. The officer who found Mr. Rodriguez refused, via his attorney, OSI’s request for an interview. Despite the many failures that preceded Mr. Rodriguez’s death, OSI did not find reason to believe that a corrections officer caused his death. The excessive time he spent in the Intake pens, during which he was assaulted, was a systemic failure; more than 40 incarcerated persons were in a similar situation, apparently the result of a staffing shortage when OBCC corrections officers called in sick.28 The doctor and the social worker who failed to recognize Mr. Rodriguez’s suicide risk were not corrections officers; even if they could be considered to have contributed to the cause of Mr. Rodriguez’s death by failing to put him on suicide watch, Section 70-b does not authorize OSI to investigate or prosecute their conduct. And the evidence is not conclusive whether a corrections officer said, “I don’t care if you kill yourself.” Assuming such a statement was made, and as harsh See New York City Board of Corrections report on suicides and drug-related deaths, Gothamist (August 12, 2021) news article, and The City (August 26, 2021) news article. 28 23 and improper as it would have been, it is hard to conclude that the statement would have caused Mr. Rodriguez to take his own life. However, the failures in Mr. Rodriguez’s case were significant, and they are part of the basis for a recommendation, detailed in Section 5.4 below, on reducing suicide risk in New York’s jails and prisons. Brandon Rodriguez was Hispanic. At the time of this death he was 25 years old. Segundo Guallpa, August 30, 2021. Segundo Guallpa was arrested on August 18, 2021, for Strangulation in the Second Degree and was housed in the West Facility on Rikers Island. A corrections officer performed a standard screening for suicide risk, which the officer assessed as zero. Mr. Guallpa was initially assigned to medical housing, due to the heightened Covid risk presented by his asthma; during his time in medical housing he was seen a number of times by medical staff, who noted no apparent physical or mental health issues in their records before clearing him, on August 29, for transfer to regular housing. Shortly after 1:00 am on August 30, corrections officers conducting a round failed to get a response from Mr. Guallpa when they turned on the light in his cell and knocked on the door. Upon entering the cell, corrections officers found Mr. Guallpa hanging, in a seated position, from a ligature made of socks and attached to the bed frame. Correctional and medical staff were unable to revive him, and medical staff declared Mr. Guallpa dead shortly after 1:30 am. Mr. Guallpa was in early-stage rigor mortis when he was found. The medical examiner determined the cause of death to be hanging but would not opine on how long Mr. Guallpa was dead before he was found. OSI requested interviews with the corrections officers assigned to Mr. Guallpa’s housing area during the time in question, and, through their lawyers, each refused to speak with us. Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Guallpa’s death. Although video shows that corrections officers assigned to Mr. Guallpa’s housing area on the night of August 29 and the early morning hours of August 30 missed scheduled rounds (the officers falsely reported having done those rounds, and four officers – including two captains – were disciplined), OSI could not conclude that Mr. Guallpa’s death would have been prevented had all rounds been properly conducted. Based on interviews with medical examiners in a number of cases, it appears that brain death can occur within a few minutes when a person begins to hang.29 Based on OSI’s review of a number of suicides in jails and prisons, even in cases where video shows officers made regular rounds, incarcerated persons were able to hang themselves in the space of a few minutes, without being noticed, between those rounds. (See, later in this section, Goldstein, S. (2020, December 3). Hanging Injuries and Strangulation. Medscape. Retrieved from: https://emedicine.medscape.com/article/826704-overview?reg=1. 29 24 the case of Antonio Bradley.) Therefore, even if the officers in the case of Mr. Guallpa had made regular rounds, OSI cannot conclude they would have prevented Mr. Guallpa’s death. Segundo Guallpa was Hispanic. At the time of his death he was 58 years old. Esias Johnson, September 7, 2021. Esias Johnson was arrested on August 6, 2021, for Menacing in the Second Degree, and housed at the Anna M. Kross Center on Rikers Island. On September 7, 2021, corrections officers found Mr. Johnson in his bed and unresponsive at 9:11 am. When medical staff arrived they saw that Mr. Johnson was not breathing and in early-stage rigor mortis; they declared him dead at 9:43 am. The medical examiner determined the cause of death to be acute methadone intoxication. Video shows that Mr. Johnson went to bed a few minutes after 1:00 am and appeared to stop breathing about 6:00 am. The medical examiner opined that, assuming Mr. Johnson had taken a fatal dose of methadone shortly before going to bed, it might have been possible to save him with Naloxone if administered soon after, with the chances of success decreasing over time; if corrections officers had noticed that he stopped breathing at 6:00 am, it would probably have been too late to save him.30 OSI examined allegations that prior to his death Mr. Johnson was denied medical care for digestive problems but could not substantiate them. Rikers medical records indicate medical staff saw Mr. Johnson on August 11, 19, and 26, and September 1, and that on August 17 and September 6 Mr. Johnson refused medical care; the medical notes do not indicate Mr. Johnson complained of digestive problems. Video shows that the corrections officer assigned to conduct rounds every 30 minutes in Mr. Johnson’s housing area from at 3:15 am to 9:15 am on September 7 only conducted four rounds (three of which were incomplete) and failed to conduct seven rounds; the officer falsely noted in the logbook that “active supervision” was conducted every 30 minutes as required. (Under NYC DOC rules, active supervision requires, among other things, checking each incarcerated person individually for signs of life.) Three corrections officers (including a captain) were reassigned pending disciplinary proceedings. OSI requested interviews with four officers, each of whom refused, via counsel. Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Johnson’s death. Esias Johnson was Black. At the time of his death he was 24 years old. Naloxone is an opioid antagonist used to rapidly reduce the effects of opioid overdose by attaching to opioid receptors, blocking the effects of other opioids, and quickly restoring normal breathing if administered quickly enough. Naloxone has no known adverse effects if administered on someone who does not have opioids in their system. See National Institute on Drug Abuse – Naloxone Drug Facts 30 25 Karim Isaabdul, September 19, 2021. Karim Isaabdul was arrested on August 18, 2021 on a parole warrant and was housed in Dorm 3 of the North Infirmary Command on Rikers Island, a housing area for persons needing special medical attention. Mr. Isaabdul had been on parole from a state prison sentence for Criminal Sale of a Controlled Substance in the Third Degree. On September 19, 2021, as captured on video, Mr. Isaabdul, who was wheelchair-bound, was in a common area, speaking with other incarcerated persons, when, at 6:37 pm, he seemed to slump and suffer pain. At 6:42 pm a medical response team arrived and, at 6:48 pm, took Mr. Isaabdul on a gurney to an adjacent clinic. Medical records show that medical staff administered Narcan and epinephrine to Mr. Isaabdul at the clinic, but failed to revive him. He was pronounced dead at 7:35 pm. OSI looked into allegations that Mr. Isaabdul complained of feeling ill and failed to get treatment, but could not substantiate them. According to the Correctional Health Service (“CHS”)31 medical records, Mr. Isaabdul was seen by medical and mental health staff on 25 of the 32 days he was incarcerated, and, on many of those days, was seen more than once. According to medical records, medical staff evaluated Mr. Isaabdul on August 21, 2021 and diagnosed him with asthma, spinal fusion, seizure disorder, hypertension, diabetes, and schizoaffective disorder. Staff developed a treatment and medication plan for each diagnosis, including a diet and follow-up lab work for diabetes, medication for hypertension and seizure disorder, an inhaler for asthma, medication and regular appointments with mental health professionals for schizoaffective disorder, and a wheelchair to assist with mobility. Medical staff reevaluated Mr. Isaabdul several times to assess his medications; on three occasions Mr. Isaabdul told a physician he was non-compliant with his medication. On August 25, 2021, Mr. Isaabdul tested positive for Covid-19 and was quarantined before moving to Dorm 3. When medical staff saw Mr. Isaabdul on September 16, 2021, he complained of pain to his arm and chest, and they ordered a chest x-ray for September 20, the day after he died. Medical staff saw Mr. Isaabdul the next day, September 17, 2021. The medical examiner found that Mr. Isaabdul died of “pulmonary emboli due to right lower extremity deep vein thrombosis complicating Covid-19 in a person with decreased mobility due to degenerative spine disease.” Based on the investigation OSI did not find reason to believe that a corrections officer caused Mr. Isaabdul’s death. Records vary as to whether Mr. Isaabdul was Black or Hispanic. At the time of his death he was 41 years old. CHS is part of the New York City Health & Hospitals Corporation, not NYC DOC. https://www.nychealthandhospitals.org/correctionalhealthservices/ 31 26 Steven Khadu, September 22, 2021. Stephen Khadu was arrested on December 19, 2019 for Murder in the Second Degree and was housed at the Vernon C. Bain Center (“VCBC”), a jail barge docked at the southern shore of the Bronx. On July 6, 2021 Mr. Khadu suffered a seizure and was treated at Lincoln Hospital from July 6 to July 12. On September 22, 2021, as captured on video, Mr. Khadu suffered another seizure, at 8:15 am; medical staff arrived at 8:25 am, brought him to the infirmary and treated him with medication; his condition seemed to improve, but then he suffered another seizure. According to medical records, a team from Emergency Medical Services arrived at the infirmary at 9:39 am and a second team of emergency medical technicians, who were trained in advanced life support, arrived at 9:42 am. The two teams of EMTs moved Mr. Khadu out of the clinic at 9:52 am and took him by ambulance to Lincoln Hospital. Mr. Khadu suffered a heart attack en route and, despite the EMTs’ efforts in the ambulance, including intubating Mr. Khadu and performing cardiopulmonary resuscitation, he was pronounced dead at 10:55 am, five minutes after arrival at the hospital. The medical examiner determined that Mr. Khadu died of complications of lymphocytic meningitis. In an interview with OSI, the medical examiner said that meningitis increases the risk of seizure because it causes inflammation of the brain, and that any prolonged seizure can lead to difficulty breathing, which in turn can lead to cardiac arrest and death, as happened to Mr. Khadu. OSI examined allegations that Mr. Khadu did not receive adequate medical care but could not confirm them. According to medical records, upon Mr. Khadu’s return to VCBC after his hospital stay for the July seizure, he saw medical staff on July 12, July 14, August 4, August 12, and August 14, 2021. From September 15 to September 20, 2021, Mr. Khadu made eight recorded phone calls, which OSI reviewed; he did not say he was being denied medical care. Based on the investigation OSI did not find reason to believe that a corrections officer caused Mr. Khadu’s death. Mr. Khadu was Black. At the time of his death he was 24 years old. Victor Mercado, October 15, 2021. Victor Mercado was arrested on July 21, 2021 for Criminal Possession of a Controlled Substance in the Third Degree and Criminal Possession of a Weapon in the Second Degree. After testing positive for Covid-19 on October 8, 2021, he was transferred from the North Infirmary Command to the Communicable Disease Unit (“CDU”) of the West Facility, on Rikers Island. On the day he tested positive, Mr. Mercado did not have a high fever or difficulty breathing. On the next day, October 9, according to medical records, he had a fever of 102.1, which dropped after he took Tylenol. From October 10 through 13, Mr. Mercado’s temperature did not exceed 100.5 degrees, and his blood oxygen level did not drop below 95%. Medical records show that medical 27 staff in the CDU checked on Mr. Mercado at least twice a day on October 9, 10, 11, 12, and 14, and once on October 13. On the morning of October 14, 2021, according to a logbook entry, Mr. Mercado complained of difficulty breathing at 9:45 am. Medical records show corrections officers made an emergency medical call for Mr. Mercado at 10:05 am, and that a doctor and a nurse responded, examined Mr. Mercado, and determined he should go to the hospital. Video shows that oxygen and an IV drip were brought to Mr. Mercado’s cell at 10:17 am, that Emergency Medical Services arrived at 10:40 am, and that EMS left with Mr. Mercado for the hospital at 10:55 am. Medical records show that Mr. Mercado arrived at Elmhurst Hospital at 11:36 am and was immediately intubated. He was pronounced dead at the hospital the next day, at 12:39 pm. The medical examiner determined that Mr. Mercado’s Covid-19 infection caused lung consolidation, which in turn caused sepsis, renal failure, and death. Mr. Mercado had a number of underlying medical conditions that put him at a higher risk for severe Covid-19 outcomes. Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Mercado’s death. Mr. Mercado was Hispanic. At the time of his death he was 64 years old. Malcolm Boatwright, December 10, 2021. Malcolm Boatwright was arrested on November 11, 2021 for Sexual Abuse in the First Degree and was housed in the PACE Unit of the Anna M. Kross Center (“AMKC”), on Rikers Island. PACE stands for Programs to Accelerate Clinical Effectiveness and is a unit for persons with significant mental health or behavioral issues. Video shows that Mr. Boatwright was playing a card game with other incarcerated persons in the PACE Unit on December 8, 2021 when, at 1:14 pm, he had a seizure, which lasted for three to four minutes. A nurse was present and called a medical emergency. Medical staff brought Mr. Boatwright to a clinic, where he was examined by a doctor, who sent him to Elmhurst Hospital for evaluation and testing. In the hospital, at midnight, as he was about to have an X-ray, Mr. Boatwright had another seizure. After further evaluations, doctors sent Mr. Boatwright to Bellevue Hospital for a further testing; he arrived at Bellevue midday on December 9. (Mr. Boatwright was in the prison wards of both hospitals.) At Bellevue, on the 9th and into the 10th, video shows corrections officers made regular rounds of the ward where Mr. Boatwright was housed. At 4:15 am on the 10th, corrections officers summoned medical staff to Mr. Boatwright’s room after finding him unresponsive on the floor. Medical staff arrived at 4:18 am, but their efforts failed, and Mr. Boatwright was declared dead at 5:36 am. Although Mr. Boatwright had no history of seizure disorder before December 8, he had been taking medications for mental illness. On December 4, under the guidance of physicians at AMKC, Mr. Boatwright finished tapering off Clozapine, and had not started any new medications. On autopsy, the medical examiner found no evidence of external trauma, or of meningitis or Covid-19; the 28 cardiac pathologist did not find indications of disease; neuropathology was negative; and microscopic genetic analysis was negative for abnormality that could explain death. In an interview with OSI, the medical examiner said that the medical taper of Clozapine could have been a contributing factor to Mr. Boatwright’s seizures. The final autopsy report said the cause of death was complications of non-traumatic seizure disorder of undetermined etiology (origin), and that the manner of death was “natural.” Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Boatwright’s death. Mr. Boatwright was Black. At the time of his death he was 28 years old. Antonio Bradley, June 18, 2022. Antonio Bradley was arrested on October 13, 2021 for Criminal Possession of a Weapon in the Second Degree and was housed at the Anna M. Kross Center on Rikers Island. On the morning of June 10, 2022, Mr. Bradley was transported from Rikers Island to a holding cell in the Bronx courthouse to await a scheduled court appearance. A recorded phone call between Mr. Bradley and his father, from earlier in the morning of the same day, indicated that Mr. Bradley hoped to be released as a result of the court appearance. The appearance, however, was postponed, which Mr. Bradley learned in a conversation with his lawyer at about 12:15 pm, while he was still in the holding cell in the courthouse. Video shows that corrections officers spoke with Mr. Bradley at 4:18 pm and 4:22 pm, while he was in the holding cell. At 4:23 pm, video shows Mr. Bradley began to twist his sweatshirt into a ligature; he tied it around his neck and to the cell bars and knelt down; he repositioned himself and knelt down again. At 4:25:13 pm his body went limp. At 4:33 pm corrections officers came to take Mr. Bradley back to Rikers Island but found him hanging. A corrections officer opened the cell door and officers used an automated external defibrillator and performed cardiopulmonary resuscitation. Emergency Medical Services arrived at 4:52 pm and took Mr. Bradley to Lincoln Hospital where he continued to receive emergency treatment. Brain death began on June 13, and a doctor pronounced Mr. Bradley dead on June 18, 2022. Based on the investigation, OSI did not find reason to believe that a corrections officer caused Mr. Bradley’s death. Antonio Bradley was Black. At the time of his death he was 28 years old. 29 5. Recommendations Section 70-b directs OSI to include in the annual report recommendations for systemic or other reforms indicated by OSI’s investigations. OSI makes five recommendations in this report, as follows: 5.1 Body Worn Cameras and Dashboard Cameras RECOMMENDATION The Legislature and the Governor should require by statute that all police and sheriff’s departments deploy and use body-worn cameras (“BWCs”) and dashboard cameras (“dashcams”) and should provide smaller departments with related funding from the state and training by the Department of Criminal Justice Services (“DCJS”). In the 2019 Biennial Report under Executive Order 147, OSI’s predecessor unit recommended, and in the 2021 Annual Report under Section 70-b, OSI recommended that all police agencies in New York outfit their officers with BWCs and dashcams so that encounters between police and the public would be captured on video.32 Although seven states – Colorado, Connecticut, Illinois, Maryland, New Jersey, New Mexico, and South Carolina – now mandate statewide use of body-worn cameras by law enforcement officers,33 there is no law in New York requiring police agencies in New York to deploy BWCs or dashcams. Of the 89 deaths involving police agencies reported to OSI from September 1, 2021, to August 31, 2022, agencies in 27 cases were not equipped with BWCs or dashcams.34 The absence of video has the potential to hinder thorough investigation of such matters and to diminish trust in law enforcement. For example, in the cases of Timothy Flowers and Dedrick James in Rochester, no BWCs visually captured the incidents. In the case of Mr. Flowers, the absence of BWC was due to the Rochester Police Department’s policy against SWAT Team use of BWC; in the case of Mr. James the absence of BWC was due to the US Marshals Service’s failure to implement a then-recent policy allowing use of BWC during arrests.35 In the cases of Judson Albahm, in Onondaga County, and David Wandell in the City of Elmira, Chemung County, members of multiple police agencies pursued and fired guns at the two See 2019 Biennial Report, pp. 48-49, https://ag.ny.gov/OSI. See 2021 OSI Annual Report, pp. 16-17, https://ag.ny.gov/OSI 33 See National Conference of State Legislatures Body-Worn Camera Laws Database. 34 OSI received 106 notifications on a gross basis involving police agencies. However, 14 of those matters did not involve a death and 3 of those matters did not involve an officer as defined by Section 70-b, leaving 89 matters net. See Section 6 for more detail. 35 See above, Section 3 for summaries of the Flowers and James cases and links to the full reports. 32 30 persons who died. The members of some of those agencies had BWCs and the members of other agencies did not. As a result, neither shooting was visually captured on video.36 In the cases of Jeffrey McClure and Jesse Bonsignore, both in Suffolk County, the officers involved were not equipped with BWCs. Although Suffolk County has committed to equipping officers with BWCs, implementation does not appear to be complete.37 Body-worn and dashboard cameras increase transparency and accountability, in addition to potentially reducing unnecessary uses of force.38 Cameras also assist in gathering evidence and providing an objective account of incidents, which benefits civilians, communities, and police departments.39 Because funding and training could be difficult for smaller departments, we recommend that the state provide the funding, and, through DCJS, the training to such departments so that they are able to implement a BWC and dashcam mandate.40 5.2 Video in Jails and Prisons RECOMMENDATION The Legislature and the Governor should require by statute that all agencies in the state that operate jails and prisons outfit them with surveillance video, equip the corrections officers staffing them with body worn cameras, and should provide smaller corrections agencies with related state funding and, through DCJS or the New York Department of Corrections and Community Supervision (“DOCCS”), training. Section 70-b directs OSI to investigate, and, if warranted, to prosecute deaths caused by peace officers, including all corrections officers in the state. The Attorney General’s Office did not have this authority prior to April 1, 2021, the effective date of Section 70-b. See above, Section 3 for summaries of the Albahm and Wandell cases and links to the full reports. See above, Section 3 for summaries of the McClure and Bonsignore cases and links to the full reports. 38 See the Benefits of Body-worn Cameras: New Findings from a Randomized Control Trial at the Las Vegas Metropolitan Police Department. 39 New York State Division of Criminal Justice Division Services – Municipal Police Training Council. (2015). Body-worn Camera Model Policy. 40 DCJS has issued a model BWC policy with guidance for modification based on the varying capacities of local police departments. See DCJS Body-Worn Camera Model Policy. Similar federal guidance is available from the US Department of Justice, see Bureau of Justice Assistance, Body-Worn Camera Frequently Asked Questions. Storage and preservation of video from BWCs and dashcams can also be a significant cost, and funding from the state for smaller departments should cover those costs as well. Separately, some BWC systems automatically activate an officer’s camera when the officer draws a gun; this and other automated features address the possibility that an officer will forget to activate the camera in moments of stress. 36 37 31 There are about 46,600 persons incarcerated in New York.41 From April 1, 2021, through August 31, 2022, OSI examined 120 incidents in jails and prisons.42 Facilities in 50 of those investigations were equipped with surveillance video that captured relevant images, and corrections officers in 22 of those investigations were equipped with BWCs. Remarkably, even certain large prisons in the state prison system, including Sing Sing, in Westchester County, do not have surveillance video. Police departments throughout the state are expanding their use of body-worn cameras to increase transparency in police encounters with civilians; use of BWCs could advance the same goal in jails and prisons. An increasing number of state prison systems are outfitting corrections officers with body-worn cameras, even in settings where fixed surveillance cameras are already in use. For example, California began expanding the use of body-worn cameras in prisons following allegations of abuse of people with disabilities within the correctional system.43 Similarly, Ohio expanded the use of body-worn cameras in correctional settings following the death of an incarcerated person amid a use of force incident.44 Body-worn cameras in correctional settings have the potential to reduce violence and hold incarcerated persons or officers accountable in appropriate cases. Fixed surveillance cameras in correctional settings are important, but they have blind spots that prevent incidents occurring outside the view of cameras from being recorded and are generally aimed away from private areas, including cell interiors and bathrooms. Although procedures for use of body-worn cameras in jails and prisons should provide for avoiding infringements of privacy, employment of body-worn cameras during uses of force, cell extractions, emergencies requiring forced cell entry, and mortality incidents would add to the available body of evidence in many investigations. 5.3 Training Police for Behavioral Health Emergencies RECOMMENDATION The Legislature and the Governor should require by statute that all police and sheriff’s departments meaningfully train all officers in crisis intervention, both at the academy and on an ongoing basis, and should provide smaller departments with related state funding and, through DCJS, training. According to DCJS, as of August 2022 the NYC DOC population is just under 5600 and the aggregate county jail population outside New York City is just over 10,000. See DCJS Monthly Population Report. According to the Fact Sheet issued by NY DOCCS as of September 1, 2022, the population of the DOCCS system is just over 31,000. See DOCCS Factsheet. 42 OSI received notification of 126 incidents in the jails and prisons on a gross basis. However, 3 of those incidents did not involve a death, 2 of those incidents did not involve an officer as defined by Section 70-b, and 1 person who died was an employee of the agency, not an incarcerated person, leaving 120 incidents, net. See Section 6 for more detail. 43 Sheeler, A. (July 26, 2021). CA correctional officers to wear body cameras in state prisons. The Sacramento Bee. Retrieved from: https://www.sacbee.com/news/politics-government/the-state-worker/article252906793.html 44 Walsh-Higgins, A. (2021, October 29). Prison system adding body-worn cameras to security plans. ABC News. Retrieved from: https://abcnews.go.com/US/wireStory/prison-systems-adding-body-worn-cameras-security-plans80856281 41 32 OSI’s first annual report recommended that police officers and other members of police departments be trained to respond to persons experiencing mental health crises, whether druginduced or otherwise, including training for 911 operators and dispatchers to accurately record and transmit the facts conveyed to them, and training for responding officers in de-escalation methods.45 OSI is not staffed with medical or mental health professionals, but among the cases for which OSI issued public reports during the last 12 months, the following cases involved persons who seemed to be undergoing mental health crises (see Section 3 above for fuller summaries and links to the full reports): Jeffrey McClure died in Suffolk County in June of 2020. Officers responded to a 911 call about a person who was under the influence of alcohol and drugs and experiencing a mental health crisis. When officers arrived, Mr. McClure threatened to kill them while holding a realistic-looking pellet rifle, which resulted in his death when an officer, believing he was holding a firearm, responded with gunfire. George Zapantis died in Queens County in June of 2020. When police arrived they quickly realized Mr. Zapantis might be undergoing a mental health crisis, and called for assistance from the Emergency Services Unit, which has trained negotiators, while they attempted to de-escalate on their own. The situation quickly deteriorated and led to Mr. Zapantis’s death in a physical struggle, including Taser use, when he became increasingly agitated and physically came at the officers gathered outside his door. Judson Albahm died in Onondaga County in March of 2021. A team of mental health providers had come to Judson’s house for a previously scheduled evaluation, but his mother requested police intervention after he fled by car. Some responding officers, but not all, were aware that Judson had a history of mental health issues and possessed an imitation gun. When Judson stopped fleeing and pointed a realistic-looking gun at some officers, officers shot and killed him. Jesse Bonsignore died in Suffolk County in May of 2021. When an officer tapped on the window of the car in which Mr. Bonsignore was sleeping, he screamed incoherently and then said, repeatedly, I’m going to kill you. When Mr. Bonsignore got out of the car, against the officer’s direction, the officer physically engaged him, which led to a struggle involving Mr. Bonsignore’s attempt first to get at a folding knife on his own belt and then to get at the officer’s gun. The officer responded by shooting Mr. Bonsignore. Christopher Van Kleeck died in Orange County in June of 2021. He had a history of hospitalization and other treatment for mental illness. After a series of escalating threats, family members called a mobile mental health team through the County crisis center, but See 2021 OSI Annual Report. Retrieved from: https://ag.ny.gov/OSI. A similar recommendation was made in the Biennial Report issued by OSI’s predecessor unit in 2019 at pages 43-44. https://ag.ny.gov/uploads/biennial-reportoffice-attorney-generals-special-investigations-prosecutions-unit-2019 45 33 the center called on the police to intervene. The first responding officer had seconds to decide whether to shoot Mr. Van Kleeck, who came at his father, and then toward the officer’s car, with knives raised in both hands. Allison Lakie died in the City of Syracuse, in Onondaga County, in October of 2021. Officers, some of whom were trained in crisis intervention, all understood that Ms. Lakie was undergoing a mental health or drug or alcohol induced crisis and spoke with her for two hours, attempting to persuade her to put down her knife and come out of her mother’s house. In the end, because Ms. Lakie had set a fire, which was growing, the officers entered the house to put out the fire and shot Ms. Lakie when she came at them with knives in each hand. See also Section 6, below, concerning OSI’s data on 22 police shootings, in which 10 of the persons who died appeared to be in the midst of a mental health crisis or a drug induced mental health crisis. As these cases illustrate, persons undergoing apparent mental health crises often present significant danger to others – including any mental health professionals who might respond to such a crisis. It is therefore inevitable that police officers will need to respond to such cases. Although many jurisdictions in New York have mental health professionals who respond to reports of persons undergoing mental health crises, availability is often limited – for example, professionals may not be not available seven days a week, 24 hours a day, or may not be available to cover all sectors of a county, or may not be numerous enough to respond to more than one emergency at a time.46 Moreover, many situations may not be recognized initially as mental health emergencies at all – as when the 911 caller does not describe what appears to be a mental health crisis or the 911 dispatchers do not transmit the relevant information. Therefore, even in jurisdictions which have mental health responders, police will often respond to mental health emergencies without the assistance of mental health professionals. When mental health professionals do respond, in many cases they will need to wait until the police officers have made the situation safe enough for the mental health professionals to take action. And, finally, though many police departments have specialized units with members trained in crisis intervention, those units generally deploy only when the first responders call them and so they do not arrive on scene until crucial minutes have passed. Therefore, it is essential that all officers in all departments in the state receive meaningful training in handling mental health emergencies. It simply will not be possible for officers to await the arrival of specialized police units or mobile mental health teams in every case. Several police departments in New York have introduced crisis intervention training to assist responding officers in better addressing cases in which persons show signs of mental illness or drug use. DCJS offers Fundamental Crisis Intervention Skills for Law Enforcement in collaboration For example, as OSI learned in the investigation of the McClure case, summarized in Section 3, above, Suffolk County has a civilian crisis intervention program whose members, at the time, were available to respond to crises only at certain times and in certain sectors. 46 34 with the New York State Office of Mental Health, as well as a mental health section in the Basic Course for Police and Peace Officers.47 However, New York law on crisis intervention training for police officers does not assure effective training. Under Section 840(4)(d)(2)(vii) of the Executive Law, the Municipal Police Training Council (“MPTC”) must promulgate a model use of force policy, including “training mandates on … conflict prevention, conflict resolution and negotiation, de-escalation techniques and strategies, including, but not limited to, interacting with persons presenting in an agitated condition….” Under Section 840(3) all police agencies in the state must, at minimum, adopt the model policy. It is not clear how effective this is. MPTC’s model policy provides for crisis training is a word-for-word repetition of the statutory provision just quoted. And the use of force policy adopted by the New York State Police, for example, is a word-for-word repetition of the model policy. Given the inadequate response of some police agencies to apparent mental health crises in the cases investigated by OSI, questions remain about whether high quality, meaningful behavioral health curriculums are being delivered to all police officers. When responding to behavioral health emergencies, law enforcement personnel must balance public safety concerns with the complex needs of persons with mental illness. The new 988 Suicide and Crisis Hotline 48 offers an alternative to 911 and has the potential to divert many behavioral health emergencies from law enforcement to local mental health providers, but safety concerns inevitably arising in many of these scenarios will continue to require police involvement. This makes crisis intervention training necessary for all police officers. Partnerships between law enforcement, mental health providers, and emergency medical professionals could figure prominently in improving community responses to behavioral health emergencies and alleviating the burden placed on responding officers. Various models, such as Crisis Intervention Team programs,49 Mental Health First Aid50 curriculum, and various Police Mental Health Collaboration51 programs have shown promise in their potential to mitigate risk and yield favorable outcomes for persons who are experiencing mental health crises amid police encounters. The NYPD implemented crisis intervention training in 2021, consisting of a four-day course that trained over 16,000 police officers on how to recognize signs of mental illness and assist people in crisis as part of a partnership between the Mayor’s Office of Community Mental Health and the NYPD. Several law enforcement officers in Chautauqua County completed Crisis Intervention Team Training in April, 2022. See also DCJS training material: New York State Division of Criminal Justice Services (2022), Police and Peace Officer Training, https://www.criminaljustice.ny.gov/ops/training/calendar.htm 48 See U.S. Department of Health and Human Services – Substance Abuse and Mental Health Services Administration (SAMHSA): https://www.samhsa.gov/find-help/988 49 See Crisis Intervention Training International for more information on de-escalation and crisis response: https://www.citinternational.org/ 50 Mental Health First Aid is a course that teaches participants how to identify, understand, and respond to signs of mental illness and substance use disorders. For details see: https://www.mentalhealthfirstaid.org/about/ 51 The U.S. Department of Justice Bureau of Justice Assistance offers training and toolkits on Police Mental Health Collaboration programs to support law enforcement agencies in collaborating with mental health providers and advocates to improve overall safety. For details see: https://bja.ojp.gov/program/pmhc 47 35 Therefore, we urge the Legislature and the Governor, by statute, to mandate that all police and sheriff’s departments in the state provide meaningful crisis intervention training to all officers to improve responses to persons presenting with mental health emergencies. All officers should be introduced to such a curriculum as new recruits and be given regular, ongoing training throughout their careers. We recommend that the Legislature authorize financial and administrative support to make possible the universal implementation of such training across all municipal police and sheriff’s departments in the state. 5.4 Suicide Prevention in Jails and Prisons RECOMMENDATION New York’s jail and prison personnel should take, at minimum, four common-sense steps to improve suicide prevention. OSI received notification of 120 deaths in jails and prisons between September 1, 2021, and August 31, 2022.52 Of those, 27 deaths were by suicide (or, pending autopsy, apparent suicide).53 Based on medical records obtained by OSI in the course of its investigations, 19 of the persons who died by suicide had a mental health history.54 Two things stand out about these 27 deaths. First, though the sample size is small, the suicide rate in New York’s jails and prisons appears to be more than twice as high as the suicide rate in the United States. There are about 46,600 persons incarcerated in New York in 2022.55 For that population, 27 suicides in a year would be a rate of about 57.9 per 100,000. All the suicides were men. According to the website of the National Institutes of Mental Health, the age-adjusted suicide rate for men in the United States in 2020 was 21.9 per 100,000.56 See the recommendation for video in jails and prisons, above, and Section 6, below, for how this number is calculated. 53 OSI is not notified of an event unless a death results, but, based on statistics OSI obtained from the New York State Commission on Correction, there were 166 attempted suicides in New York jails and prisons from September 2021 to August 2022 that did not result in death. OSI does not have data showing how many persons were involved in the 166 attempts (we assume some persons made more than one attempt), nor how many of the persons making an attempt later “succeeded” and died. 52 For the purposes of this report, mental health history is defined as documentation of mental health treatment, confirmed diagnosis of mental illness as defined by the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, history of psychiatric hospitalization, and/or documentation of prescribed psychotropic medication for the purposes of managing mental health symptoms. An absence of documented mental health treatment does not necessarily indicate that incarcerated persons were not experiencing mental health challenges, as many cases are undiagnosed, under-reported, and inadvertently untreated. 55 According to DCJS, as of August 2022 the NYC DOC population was just under 5600 and the aggregate county jail population outside New York City was just over 10,000. See DCJS Monthly Population Report. According to the Fact Sheet issued by DOCCS as of September 1, 2022, the population of the DOCCS system is just over 31,000, DOCCS Factsheet. 56 See NIMH Suicide Statistics. Despite being the first year of the Covid pandemic, the suicide rate reported by NIMH for 2020 was actually lower than the rate for 2019. According to NIMH, the suicide rate for men is almost five times the 54 36 Second, of the 27 persons who died by suicide in New York’s jails and prisons in the 12 months ended August 31, 2022, the institutions identified 8 as persons at risk of suicide, but failed to prevent their deaths, and failed to identify the other 19 persons as at risk of suicide. It is not surprising that incarcerated persons would take their own lives at a greater rate than nonincarcerated persons, and no one expects that New York’s jail and prison personnel will identify all persons at risk of suicide or prevent all deaths from suicide. However, based on OSI’s investigations, there do appear to be, at minimum, four common-sense steps New York’s jail and prison personnel could take to reduce suicide risk. First, professionals with relevant training should conduct the initial suicide risk screenings upon a person’s arrival at a jail or prison. Although initial screenings for suicide risk were done in all of the 27 cases examined by OSI for the 12-month period ended August 31, 2022, those in the county jails and the NYC DOC jails were done by corrections officers, not medically trained personnel, such as a nurse, a social worker, or a doctor, using simple questionnaires that relied on the officer’s observations and the person’s responses to determine suicide risk.57 OSI urges the jails to require that initial suicide screenings be conducted by professionals who are trained to take inmates’ histories and make nuanced observations. Second, personnel conducting inmates’ initial screenings must have and take account of inmates’ mental health histories. According to medical and behavioral health records obtained by OSI in the course of its investigations, 19 of the 27 persons who died by suicide in the 12 months ended August 31, 2022 had a documented history of mental health treatment, including 11 diagnosed with a serious mental illness (SMI), such as schizophrenia, bipolar disorder, or major depression,58 and 10 with histories of self-harm, including prior suicide attempts.59 For example, Brandon Rodriguez died by suicide in a jail on Rikers Island on August 10, 2021 (prior to the 12-month period ended August 31, 2022). Although he was seen by a doctor and a social worker after his initial suicide risk screening, neither of them rated him a suicide risk. Despite the existence of medical records showing Mr. Rodriguez had a history of mental illness and had previously attempted suicide, it is not clear that either professional had access to, or if they did, read those records. (See a description of Mr. Rodriguez’s case in Section 4 above.)60 rate for women. 57 For example, NYC DOC corrections officers use a questionnaire that includes the questions, “Detainee is thinking about killing self (If yes, notify supervisor),” and “Detainee is expressing feelings of hopelessness (nothing to look forward to) (If yes, notify supervisor).” 58 According to the Substance Abuse and Mental Health Services Administration, a mental illness that interferes with a person’s daily life and ability to function is defined as a serious mental illness (SMI). 59 The 11 persons diagnosed with SMIs and the 10 persons with history of self-harm were in some instances the same person. 60 It is also critically important that corrections officials take note of directions from medical professionals and of orders from courts. In the case of an incarcerated person on Rikers Island who took his own life in the summer of 2022, there was a note on his securing order stating “suicide watch ordered by judge,” but jail personnel failed to put him on suicide watch. OSI’s investigation of this matter is ongoing. 37 Third, whether or not jail and prison personnel initially rate a person as a suicide risk, they should regularly follow up on the incarcerated person’s mental health. For example, based on OSI’s investigations, 2 of the 27 suicides in the period seemed to follow adverse events in an incarcerated person’s life, such as denial of the appeal in his criminal case, or a wife saying she wanted a divorce.61 Also, certain kinds of criminal convictions and sentences seem to increase risk: 13 persons who died by suicide had been charged with serious crimes or sentenced to long terms of imprisonment, including 8 persons charged with or convicted of murder or manslaughter, and 5 charged with or convicted of sex offenses. Fourth, corrections officers must enforce simple rules of good order that already exist. For example, in 2 of OSI’s investigations into the 27 suicides, corrections officers failed to enforce a rule prohibiting incarcerated persons from obstructing the view into their cells, such as by using cardboard to cover door windows, or sheets to cover open-bar cell doors. In those cases incarcerated persons were able to hang themselves out of view of corrections officers, even when the corrections officers were conducting rounds and, theoretically, looking into each cell.62 Similarly, in 3 of OSI’s investigations into the 27 suicides, corrections officers failed to conduct rounds as required. As shown by video, officers either completely missed required rounds, or, though they walked a corridor, failed to look carefully into the cells of the incarcerated persons.63 For example, in the case of Segundo Guallpa, an incarcerated person on Rikers Island who took his own life on August 30, 2021 (before the 12-month period ended August 31, 2022), corrections officers were supposed to conduct rounds every 30 minutes but allowed two periods – one of an hour and a quarter, and another of an hour and a half – to go by without making a round when Mr. Guallpa might have hung himself. (Officers in that case also falsified the logbooks to make it appear that the missing rounds had been done. Four corrections officers were disciplined after Mr. Guallpa died.) It is an unfortunate fact that when an incarcerated person hangs himself, he can often accomplish the act in a matter of minutes, and, once hanging, become brain dead within a few minutes more.64 Therefore, there is no guarantee that enforcing these simple rules of good order would necessarily In some of OSI’s investigations, fellow inmates told OSI’s or other investigators they were aware of adverse events affecting the person who took his own life, or of other severe distress expressed by the person. Although these afterthe-fact statements are to be taken with a grain of salt, having corrections officers simply talk to incarcerated persons on a regular basis could surface potential issues and put personnel on alert for suicide risk. 62 OSI is investigating the case of an incarcerated person on Rikers Island who took his own life in the spring of 2022 and who had covered the window of the door to his cell before hanging himself. It is unknown how long he had been hanging before he was found. 63 After a death, review of surveillance video, where it exists, will show whether corrections officers made the rounds they indicated in their logbooks. However, OSI does not know how often jail and prison supervisors review the accuracy of logbook entries in the absence of a death and take disciplinary action where logbook entries are falsified. If supervisors do not do such reviews or take such action, a culture of missing rounds and falsifying logbooks could take root, which in turn would endanger inmate safety. 64 See, for example, the case of Antonio Bradley, described above in Section 4. See Goldstein, S. (2020, December 3) Hanging Injuries and Strangulation, Medscape, https://emedicine.medscape.com/article/826704-overview?reg=1. 61 38 have saved any specific life, but OSI believes that consistent enforcement would change the odds and over time would save lives. 5.5 Drug Overdose Prevention in Jails and Prisons RECOMMENDATION New York’s jail and prison personnel should, at minimum, take five common-sense steps to improve drug overdose prevention. Of the 120 persons who died in jails and prisons from September 1, 2021 through August 31, 2022, 31 died from drug overdoses (including 8 suspected overdoses, pending final autopsy reports). Of the 23 cases in which a final autopsy report was produced, the medical examiner found intoxication by fentanyl to be the cause of death in 17 cases (including 7 cases where other drugs contributed to the fatal intoxication), methamphetamine to be the cause of death in 3 cases, synthetic marijuana to be the cause of death in 2 cases, and methadone to be the cause of death in 1 case.65 Two things stand out. First, the rate of death from drug overdoses in New York’s jails and prisons appears to be more than double the rate for the overall United States population. According to the website of the Centers for Disease Control, the age-adjusted death rate from drug overdoses in the United States in 2020 was 28.3 per 100,000. (This was a marked increase from the prior year, which the CDC attributes at least in part to the Covid-19 pandemic.) As mentioned, the total population of New York’s jails and prisons is about 46,600. Although the sample size is small, 31 overdose deaths in that population is a rate of about 66.5 per 100,000. Second, of the 23 cases where a final autopsy report is available, opioids caused the deaths in 18 (17 involving fentanyl, and 1 involving methadone). The effect of opioids, even in large amounts, is reversible when Naloxone, also known as Narcan, is timely administered.66 It is not surprising that the overdose death rate in jails and prisons exceeds that in the general population of the country, and no one expects New York’s jail and prison personnel to find and seize all illicit drugs that enter their institutions nor to detect and prevent all potential overdose events. However, OSI recommends that New York’s jail and prison personnel, at minimum, take five common-sense steps to reduce the risk of death from drug overdoses. First, professionals with relevant training should perform an initial screening of incarcerated persons to look for signs of drug abuse. Generally, in the county jails and NYC DOC jails the initial screening procedure for suicide risk and for drug use or history are one and the same, and, as OSI does not have data concerning overall drug use or possession in the jails and prisons, nor concerning overdoses that do not result in death, as OSI receives notifications only when an event results in a death. 66 See National Institute on Drug Abuse – Naloxone Drug Facts. 65 39 mentioned above in connection with suicide screening, corrections officers rather than medical staff generally perform the drug use screenings based on simple questionnaires.67 Second, the professionals who perform the initial screenings should have and take account of medical records showing any history of drug abuse and other mental health issues. According to records obtained by OSI in the course of its investigations, 14 of the 23 persons who died of confirmed drug overdoses had documented histories of behavioral health treatment, and many were dually diagnosed with mental illness and substance use disorders. Although drug abuse programs in the jails and prisons are generally voluntary, thorough initial screenings could enable staff to identify persons at risk and make focused efforts to encourage them to attend those programs. In addition, the agencies in charge of the jails and prisons should consider assigning those at risk of serious drug abuse to protective or supportive housing, similar to the programs already in place for persons with serious mental illness.68 Third, whether or not a person is initially identified as likely to abuse drugs, personnel must follow up and, where indicated, take appropriate action. For example, in 10 cases in the 12 months ended August 31, 2022, persons who died of overdoses had previously overdosed or were found with contraband in the course of the same term of incarceration, but the institution failed to take effective action, such as putting them on enhanced watch or housing them in a supportive unit. Fourth, corrections officers should be equipped with Narcan for immediate use when they find an incarcerated person unresponsive. In 14 of the 31 overdose cases in the 12 months ended August 31, 2022, corrections officers needed to await the arrival of medical staff before Narcan was administered to persons who had overdosed. Narcan is extremely effective in reversing the effects of an opioid overdose, but the passage of time can reduce effectiveness – and no harm is done if Narcan is administered to a person who is not overdosing on opioids.69 Fifth, corrections officers must enforce simple rules of good order that already exist. For example: In a case still under investigation by OSI, an incarcerated person died of a methadone overdose on Rikers Island in spring of 2021. Video appears to show at least one corrections officer observing the person in an obviously intoxicated state hours before he died. Apparently in violation of a rule, the corrections officer failed to call a medical team to the scene. Because NYC DOC corrections officers use the same questionnaire for drug use screening as they use for suicide screening, which includes the questions, “Detainee is displaying unusual behaviors and is acting and/or talking in a strange manner,” and “Detainee is apparently under the influence of alcohol or drugs.” 68 Information on substance use treatment programs is available at https://doccs.ny.gov/programs?f%5B0%5D=filter_term%3A126 69 DOCCS issued a directive authorizing officers to use Narcan in instances where an overdose is suspected: https://doccs.ny.gov/system/files/documents/2022/09/4058.pdf. Based on OSI’s investigations, it is not clear this authorization has been fully put into practice, as in many cases administration of Narcan awaited the arrival of the medical team. According to the New York City Board of Correction (“NYC BOC”), corrections officers and incarcerated persons in NYC DOC jails are supposed have Narcan available for their use whenever they suspect a person is suffering from an overdose, but NYC BOC notes many corrections officers are not aware of the program; see pages 23-24 of https://www1.nyc.gov/assets/boc/downloads/pdf/Reports/BOC-Reports/2021-suicides-and-drug-related-deathsreport-and-chs-response.pdf. 67 40 methadone is an opioid, and because Naloxone/Narcan can be very effective at reversing an opioid overdose, it is possible that a timely call to medical could have saved the person. In another case still under investigation by OSI, a person died of a methamphetamine overdose in fall of 2021 at the Albany County Jail. Officers there may have failed to perform an adequate search of the person before putting him in a cell, and his death may have been caused by drugs he brought into the cell. In another case under investigation by OSI, a person died of an overdose on Rikers Island in fall of 2021, from a drug called MDMB-4EN-PINACA, a synthetic cannabinoid. Video shows the person and others rolling and smoking cigarettes in plain sight in a common area. Corrections officers may have violated a rule by failing to seize obvious contraband from them. 6. OSI Data Section 70-b requires that OSI’s annual report include, among other things, the county of each matter investigated, and racial, ethnic, age, gender, and other demographic information concerning persons involved. This section, and Tables A, B, and C in the Appendix provide these and other data. OSI’s Data Period Section 70-b requires that OSI’s annual report be published on October 1 every year. OSI takes 30 days to collate and analyze data before the publication date, and so uses a data period ending on August 31. The data for the current 12-month period, from September 1, 2021, through August 31, 2022, are discussed in this section and are presented in Table A in the Appendix. OSI’s first annual report, issued October 1, 2021, analyzed data for the five-month period from April 1, 2021, the effective date of Section 70-b, through August 31, 2021. See 2021 OSI Annual Report. An update of the data from the first annual report is in Table B in the Appendix. Table C shows data for New York City Department of Correction matters arising from the date Section 70-b took effect, April 1, 2021, through August 31, 2022. OSI’s Procedures Under Section 70-b, OSI has investigative authority and criminal jurisdiction when an officer, as defined, has caused a death, or when there is a “question” whether an officer has caused a death. At the time OSI is notified of an incident it is not always clear whether these three elements – a death, a defined officer, and a causal relationship between an officer’s act or omission and the death – are present. Regarding the first element, there are times OSI receives a notification about a person believed to be “likely” to die. If the person does not die, OSI will close the case when it becomes clear that the person is going to survive and will communicate with the district attorney for the county where the incident occurred to confirm that the district attorney will review the matter for any potential criminal conduct. 41 Regarding the second element, there are times when OSI receives a notification involving an officer mistakenly believed to be a police officer or a peace officer as defined in Section 70-b. For example, OSI sometimes receives notifications of incidents where the officer involved is a federal officer. In such cases, OSI will close the case when it confirms with objective evidence that an officer as defined by Section 70-b was not involved. However, the vast majority of notifications received by OSI clearly involve a death and a defined officer, but the presence of the third element – the causal relationship between an officer’s act or omission and the death – is not clear. In those cases, OSI does a thorough investigation to determine whether there is reason to believe the officer caused the death. Because the third element – causation – is not initially clear, OSI calls these investigations “preliminary assessments,” though they often take months to complete. For example, if a person dies from illness in a prison, OSI, in the course of its preliminary assessment, gathers evidence to determine whether the death was caused by the neglect (“omission”) of a corrections officer. This may require the review of many hours of video, review of handwritten logbooks and electronic logs, incident reports, medical records, autopsy and toxicology reports, as well as interviews of corrections officers, medical staff, incarcerated persons housed near the person who died, and the medical examiner. At the end of the assessment, OSI may conclude that it does not find reason to believe that a corrections officer caused the death and will close the matter. When OSI closes a case after a preliminary assessment based on the absence of causation, OSI sends a letter, pursuant to Paragraph 2 of Section 70-b, to the district attorney for the county in which the incident occurred, informing the district attorney that a preliminary assessment shows that the Attorney General does not have investigative authority or criminal jurisdiction in the matter. At that point, in effect, jurisdiction reverts to the district attorney. On the other hand, when OSI has a case where it is clear from the start that an officer has caused a death, such as a shooting case, or where OSI’s preliminary assessment establishes that an officer has caused a death, then, pursuant to Section 70-b, OSI must do one of two things: (a) present evidence to a grand jury and obtain an indictment, or (b) issue a public report explaining why OSI chose not to present evidence to a grand jury.70 Accordingly, Table A in the Appendix indicates the status of every matter for which OSI received a notification in the current data period. If a matter is closed, Table A indicates whether it was closed because: there was no death; there was no defined officer; OSI did not find that an officer caused the death; OSI issued a published report; or OSI obtained an indictment. If a matter is open, Table A indicates whether the matter is “pending preliminary assessment” (meaning causation is not yet clear), or “pending investigation” (meaning causation is clear, but OSI has not yet determined whether to present evidence to a grand jury). Table B shows complete (including updated) data from the five-month period from April 1 through August 31, 2021. Table C shows data from all NYC DOC matters from April 1, 2021 (the effective date of Section 70-b) through August 31, 2022. OSI is also required to issue a report explaining the investigation and the outcome if OSI does present evidence to a grand jury but the grand jury declines to indict. 70 42 Selected data are discussed below. Notifications Received and Status, Current Year and Prior Year In the 12-month period ended August 31, 2022, agencies around the state notified OSI of 232 incidents potentially coming within Section 70-b. This is an average of close to 20 notifications per month, which is similar to the monthly average reported in OSI’s first annual report. Of those 232 incidents, 126 were incidents in jails and prisons and 106 were incidents involving police officers.71 See Figure 1. Fig 1: Incidents Reported to OSI Sep 1, 2021-Aug 31, 2022 25 20 21 23 20 19 22 17 21 17 18 22 16 16 15 10 5 0 Police Cases Incarceration Cases Total Of the 106 incidents involving police agencies, OSI closed 67 prior to August 31, 2022, including the closure of • • • • • 42 because, after a preliminary assessment, OSI did not find reason to believe that an officer caused the death 14 because there was no death 3 because an officer as defined by Section 70-b was not involved 6 by issuing a report72 2 by presenting evidence to grand juries and obtaining indictments, which members of OSI are now prosecuting.73 One incident occurred in a holding cell operated by police rather than a corrections agency, and we classify it as a police case. 72 The six published reports for incidents arising in the current data period concern the deaths of Dedrick James, Brandi Baida, Simran Gordon, Allison Lakie, Wesley Soper, and Janet Jordan. Summaries are in Section 3 above. 73 See Section 2 above for a summary of the indictments. Two indictments OSI is now prosecuting, People v. Wu and People v. Middleton, arise from incidents in the current data period. The two other indictments, People v. Allen and People v. Baldner, arise from incidents in 2020, which predate the effective date of Section 70-b. 71 43 Of the 126 incidents involving jails and prisons, OSI closed 71 prior to August 31, 2022, including the closure of: • • • • 65 because, after a preliminary assessment, OSI did not find reason to believe that an officer caused the death 3 because there was no death 2 because an officer as defined by Section 70-b was not involved 1 because the person who died was an employee of a jail, not an incarcerated person. See Table A, which includes additional detail for every case in the current period, such as date of death, county of occurrence, the agency involved, the type of case, and the decedent’s name, race or ethnicity, and age. For cases arising in the 12 months ended August 31, 2022, 27 remain open pending investigation and 67 remain open pending preliminary assessment. As set forth in OSI’s prior annual report, OSI received 95 notifications in the five-month period ended August 31, 2021 and closed 70 of those matters in that period. An additional incident occurring during that period was reported to OSI following the issuance of the first annual report, for a total of 96 incidents in the prior reporting period. Since September 1, 2021, for matters arising from April 1 through August 31, 2021, OSI closed an additional: • • 12 matters because, after a preliminary assessment, OSI did not find reason to believe that an officer caused the death and 7 matters by issuing a published report.74 See Table B for details on every matter arising in the prior data period. For cases arising in the five months from April 1, 2021, through August 31, 2022, 6 remain open pending investigation, and 1 remain open pending preliminary assessment. Two cases remain open, pending investigation, from the period prior to April 1, 2021, when OSI’s predecessor unit conducted investigations under Executive Order 147, and OSI closed three incidents from that period in the past 12 months with published reports.75 Police Shootings Of the 106 notifications involving police officers in the year ended August 31, 2022, 40 were shootings. In 12 of those incidents there was no death, in 2 incidents there was no officer defined by Section 70-b, in 3 incidents an off-duty officer killed a person and then killed himself (murdersuicide), and in 1 incident a bystander was caught in crossfire involving police and others and it is See Section 3 for summaries of the published reports; the seven reports on incidents in the prior data period are those on the deaths of Tyler Green, Mark Gaskill, Jesse Bonsignore, Timothy Flowers, Christopher Van Kleeck, Steven Leconte, and David Wandell. 75 The three published reports from the period prior to the effective date of Section 70-b concern the deaths of Jeffrey McClure, George Zapantis, and Judson Albahm, and are summarized above in Section 3. 74 44 unclear at this time whether he was killed by a police bullet – leaving 22 incidents in which an officer shot and killed another person. Of these 22 shooting incidents, OSI closed 4 by issuing a report (Dedrick James, Brandi Baida, Simran Gordon, and Allison Lakie, see Section 3 above), and 2 by obtaining indictments (People v. Wu and People v. Middleton, see Section 2 above), which members of OSI are prosecuting. The other 16 shooting incidents remain under investigation. Of the 22 shooting incidents: - 18 persons killed were male and 4 were female 9 persons killed were white, 8 were Black, 4 were Hispanic, and 1 was Asian 19 of the persons killed had a weapon (11 had firearms, 6 had knives, 2 had realistic BB or pellet guns) and 3 of the persons were unarmed 15 of the persons killed were 18 to 34 years old 11 incidents involved officers of the New York City Police Department, and 11 involved officers of other police agencies. See Figures 2, 3, 4, and 5, below. Fig 2: Shooting Deaths by Race (% based on 22 incidents, Sep 1, 2021-Aug 31, 2022) 5% 18% 36% 41% Black White Hispanic Asian 45 Fig 3: Shooting Deaths by Age (22 incidents, Sep 1, 2021-Aug 31, 2022) 10 9 9 8 7 6 6 5 4 3 3 45-54 55 and older 3 2 1 1 0 18-24 25-34 35-44 Fig 4: Shooting Deaths by Gender (22 incidents Sep 1, 2021-Aug 31 2022) 20 18 18 16 14 12 10 8 6 4 4 2 0 Male Female 46 Fig 5: Shooting Deaths: Armed/Unarmed (22 incidents Sep 1, 2021-Aug 31, 2022) Unarmed 3 Imitation Gun 2 Knife 6 Firearm 11 0 2 4 6 8 10 12 Police Shootings and Mental Health Crises OSI’s personnel do not include mental health professionals, but, as laypersons, our perception is that at least 10 of the 22 persons who died in police shootings in the 12 months ended August 31, 2022 may have been undergoing a mental health crisis (or a drug or alcohol induced crisis) at the time of the incident, including: - - - - A person shooting a rifle from the window of a house in a residential neighborhood for no apparent reason (see the description of the Brandi Baida case, in Section 3) A person who called for police assistance and pointed a gun at the officer who responded76 A person setting fires in her mother’s house, who came at officers with knives in both hands after two hours of attempted negotiation (see the description of the Allison Lakie case, in Section 3) A person who got out of his car, got a realistic looking BB or pellet gun from the car, and took a shooting stance, pointing the gun officers who had stopped him for speeding A person who called 911 to report a man with a knife, and who was the same person who came at responding police officers with a knife, after officers attempted to negotiate with him A person who, after injuring his mother, came at officers with a knife and a sword, after officers attempted to negotiate with him A person who put a knife to his own chest, indicating he would kill himself, and then tossed the knife in the direction of a responding officer Unless there is a cross reference to a report described in the earlier sections of this report, the case remains under investigation. The descriptions here of cases still under investigation should not be considered indications of the conclusions OSI will come to when the investigations are finished. 76 47 - A person who pulled out a knife as an officer, who had responded to her call for assistance with a domestic incident, was talking with her A person who had injured a mental health worker with a knife and pulled out a knife and came at an officer responding to the earlier incident, and A person who called 911 and said he wanted to kill police officers. Please see OSI’s recommendation, above, in Section 5, concerning the need to train police officers to respond to mental health crises. Incidents in Jails and Prisons Of the 120 deaths OSI investigated in the jails and prisons in the current data period, 78 incidents related to DOCCS, 20 related to NYC DOC, and 22 related to county jails. See Figure 6. Fig 6: Jail & Prison Deaths by Agency (120 incidents, Sep 1, 2021-Aug 31, 2022) 90 80 78 70 60 50 40 30 20 22 NYC DOC Couny Jails 20 10 0 NY State DOCCS Of the 120 deaths, 27 were by suicide or apparent suicide, 31 were by drug overdose or suspected overdose, 60 were due to medical emergencies, and 2 were due to violence between incarcerated individuals. See Sections 5.4 and 5.5 above for a discussion of these data and recommendations on suicide and overdose prevention. See Figure 7. 48 Fig 7: Jail & Prison Deaths by Cause (% based on 120 incidents, Sep 1, 2021 - Aug 31, 2022) 2% 22% 50% 26% Medical Overdose Suicide Assault Of the 120 persons who died in jails and prisons, 117 were male and 3 were female. None identified as transgender or nonbinary; 4 were 18 to 24 years old, 21 were 25 to 34 years old, 29 were 35 to 44 years old, 19 were 45 to 54 years old, and 46 were 55 or older. One person was an infant: the incident involved an incarcerated woman who gave birth.77 See Figure 8. Fig 8: Jail & Prison Deaths by Age (119 incidents, Sep 1, 2021-Aug 31, 2022, not including death of 1 infant) 50 45 40 35 30 25 20 15 10 5 0 46 29 21 4 18-24 77 19 25-34 35-44 45-54 55 or older The incident involving the infant who died during birth is not captured in the Figure 8. 49 DOCCS Deaths by Race Of the 78 persons who died in the DOCCS system from September 1, 2021 to August 31, 2022, 36 were Black, 25 were white, 14 were Hispanic, and 3 were Asian. See Figure 9a; see Figure 9b for overall DOCCS population by race for comparison.78 Fig 9a: DOCCS Deaths by Race (% based on 78 incidents, Sep 1, 2021-Aug 31, 2022) Fig 9b: DOCCS Population by Race (% based on DOCCS Aug 2022 Report) 2% 1% 1% 4% 18% 24% 46% 49% 23% 32% Black White Hispanic Asian Black White Hispanic Native American Asian Other NYC DOC Deaths by Race Of the 20 persons who died in NYC DOC custody from September 1, 2021 to August 31, 2022, 14 were Black and 6 were Hispanic. See Figure 10a; see Figure 10b for overall NYC DOC population data by race.79 78 79 DOCCS population data is based on the DOCCS Incarcerated Profile Report from August 2022. NYC DOC population data is based on the FY22 Q4 Population Demographics Report. 50 Fig 10a: NYC DOC Deaths by Race Fig 10b: NYC DOC Population by Race (% based on 20 incidents, Sep 1, 2021 - Aug 31, 2022) (% based on NYC DOC Avg. Daily Population) 2% 6% 4% 30% 31% 57% 70% Black Hispanic Black Hispanic Asian White Other Of the 22 persons who died in county jails outside of New York City, 10 were Black, 11 were white, and 1 was Hispanic. Population data for county jails is maintained on the local level and therefore not available for comparison. 7. Conclusion In the 18 months since Section 70-b went into effect, the most consistent themes in the cases investigated by OSI are mental illness and drug use. In jails and prisons, persons are dying by suicide and from drug overdoses. On the street, many police responses are initiated because a person is in a mental health crisis. Therefore it is critical that the state, corrections agencies in the state, and police agencies in the state, thoughtfully design, adequately fund, and effectively implement programs to reduce the risk of death due to mental illness and drug use, including - Effective evaluation, monitoring, and treatment of persons in jails and prisons at risk of suicide and drug use Effective enforcement of the rules of good order in jails and prisons Meaningful and continuous training of police officers, 911 operators, and dispatchers to handle cases involving persons undergoing mental health crises. No program or combination of programs will reduce to zero the number of deaths in jails and prisons and in police encounters due to mental illness and drug use. But the risk and the numbers can and should be reduced. Persons – even persons committing crimes or convicted of committing crimes – should not have to die because they are mentally ill. 51 8. Appendix A B # Date of Death 1 9/2/2021 2 9/5/2021 3 9/6/2021 4 9/7/2021 5 9/7/2021 6 9/7/2021 7 9/7/2021 8 9/8/2021 9 9/10/2021 10 9/11/2021 11 9/13/2021 12 9/14/2021 13 9/15/2021 14 9/16/2021 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Comments 53 Black Male Yes Medical Yes 45 Black Male No Vehicular No 27 Asian Female No Suicide Yes 31 Hispanic Male Yes Suicide Yes 24 Black Male Yes Overdose Yes 61 Black Male Yes Medical Yes 50 White Male No Suicide No 41 Black Male Yes Medical Yes 62 White Male Yes Medical Yes 3 mos. Hispanic Female No Vehicular Yes 54 Black Male Yes Medical Yes 60 24 Black Black Male Male Yes No Medical Shooting No No 57 Black Male No Vehicular Yes County Agency DOC (Westchester Westchester County) Village of Oneida Yorksville PD Onondaga Onondaga County Sheriff Chautauqua Chautauqua County Jail Bronx Name Anthony Jacobs Nathaniel Harvey Angela Peng Jose Luis Rivera Perez NYC DOC Esias Johnson DOCCS (Great Shakim J. Washington Meadows) Allah Fulton County Edward Fulton Sheriff Fletcher Orange Michael Orange County Jail Stevenson Clinton Steven D. Clinton County Sheriff Murray Apolline MongKings NYPD Guillemin DOCCS Greene (Coxsackie) Mark Williams DOCCS Erie (Wende) Robert Hill Monroe Rochester PD Dedrick James Dutchess Dutchess County Sheriff Amos Domfeh Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Closed Report issued Pending Open investigation 52 A B # Date of Death Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 31 Unknown Male No Shooting No Closed 41 30 Black White Male Female Yes No Medical Shooting Yes Yes Closed Closed 24 Black Male Yes Medical Yes Closed 39 Hispanic Male No Medical No Open Comments No defined officer Officer did not cause death Report issued Officer did not cause death Pending investigation 42 Black Male No Vehicular Yes 60 White Male Yes Medical Yes 66 White Male No Shooting Yes 23 Black Male No Suicide Yes Closed No death Officer did not Closed cause death Pending Open investigation Officer did not Closed cause death 24 Black Male No Shooting Yes 33 White Male Yes Suicide No County Agency Name Federal Parks Police Joshua Cooper Karim NYC DOC Isaabdul Auburn PD Brandi Baida Stephen NYC DOC Khadu Suffolk County Osiris PD Mercado Adrian NYPD Golding DOCCS (Five Joseph Points) Ambrosio 15 9/18/2021 Kings 16 9/19/2021 17 9/21/2021 Bronx Cayuga 18 9/22/2021 Bronx 19 9/23/2021 Suffolk 20 9/26/2021 Bronx 21 9/30/2021 Seneca 22 10/4/2021 Delaware Walton PD 23 10/6/2021 New York NYPD 24 10/6/2021 Monroe 25 10/8/2021 Westchester 26 10/11/2021 Kings NYPD Peter Tse 35 Asian Male No Vehicular No 27 10/13/2021 Kings Jamie Liang 24 Asian Female No Shooting Yes 28 10/15/2021 Cayuga NYPD DOCCS (Auburn) 38 Black Male Yes Medical No 29 10/15/2021 Bronx NYC DOC Kareem Bryan Victor Mercado 64 Hispanic Male Yes Medical Yes 30 10/17/2021 Kings Hispanic Male No Vehicular Yes Dutchess James Lopez Michael Wisdom 42 31 10/17/2021 NYPD DOCCS (Downstate) 45 Black Male Yes Suicide No Paul Weeden Antonio Armstrong Simran Gordon Rochester PD DOCCS (Sing Sing) Corey Slattery Closed Report issued Officer did not Closed cause death Officer did not Closed cause death Indictment Closed issued Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death 53 A B # Date of Death Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Black Male Yes Suicide Yes Open Hispanic White Male Female No No Vehicular Shooting Yes Yes Closed Closed Hispanic Male Yes Overdose No Closed Hispanic Male Yes Medical No Closed White Male Yes Suicide Yes Closed Black Male Yes Suicide Yes Closed Asian Male No Suicide Yes Closed Comments Pending preliminary assessment Officer did not cause death Report issued Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Unknown Female No Vehicular Yes White Male Yes Overdose Yes White Male Yes Suicide No Hispanic Unknown Male Unknown No No Suicide Shooting Yes N/A White Male No Suicide Yes White Male Yes Medical No White Male Yes Medical No County 32 10/19/2021 New York 33 10/19/2021 34 10/20/2021 Suffolk Onondaga 35 10/20/2021 Orange 36 10/22/2021 Dutchess 37 10/23/2021 Niagara 38 10/24/2021 Seneca 39 10/26/2021 Queens 40 10/29/2021 Orange 41 10/31/2021 Albany 42 11/1/2021 Chemung 43 11/1/2021 44 11/3/2021 Queens Kings 45 11/4/2021 Ontario 46 11/8/2021 Dutchess 47 11/10/2021 Nassau Agency Name Age NYC DOC Anthony Scott 58 Suffolk County Starling DiazPD Felipe 19 Syracuse PD Allison Lakie 33 DOCCS (Otisville) Marco Ayuso 61 DOCCS (Fishkill) Juan Roman 61 Niagara County Jail Jeffrey Joyes 51 DOCCS (Five Tyrone Points) Williams 41 Christopher NYPD Auriemma 28 NYSP, Walden and Joanne Montgomery Schields & PD Elizabeth Bello 52 & 35 Albany County Sheriff Brian Bishop 43 DOCCS (Elmira) Timothy Bush 56 Christian NYPD Gomez 33 NYPD Unknown Unknown Ontario County Sheriff John Fontaine 38 DOCCS (Fishkill) Bernard Hatch 81 Nassau James County Jail Campbell 57 Officer did not Closed cause death Pending Open investigation Officer did not Closed cause death Officer did not Closed cause death Closed No death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death 54 A B # Date of Death Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Comments Pending investigation Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death County Agency Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 48 11/11/2021 Kings Brian Astarita 65 White Male No Shooting Yes Open 49 11/12/2021 Rockland Paul Waddell 65 Black Male No Medical No Closed 50 11/15/2021 Chemung Adam Perham 38 White Male Yes Overdose No Closed 51 11/15/2021 Chemung Rickey Wells 53 Black Male Yes Medical Yes Closed 52 11/16/2021 Dutchess Robert Durso 52 Yes Overdose No Closed Onondaga 36 Male No Overdose Yes Closed 54 11/19/2021 Queens 62 Hispanic Male Yes Medical No Closed 55 11/21/2021 Chemung Daniel Gibson Joseph Rodriguez Ronald McCarthy White American Indian Male 53 11/16/2021 59 White Male Yes Suicide No Closed 56 11/24/2021 Oneida Anthony Diaz Unknown Unknown Male Yes Other N/A No defined Closed officer 57 11/24/2021 Nassau Unknown Unknown Unknown Unknown Yes Medical N/A 58 11/26/2021 Saratoga NYPD Spring Valley PD DOCCS (Elmira) Chemung County Sheriff DOCCS (Green Haven) Onondaga County Sheriff DOCCS (Queensboro) DOCCS (Elmira) Marcy Psychiatric Hospital Nassau County Sheriff Saratoga County Sheriff John Cranfield 68 White Male No Suicide No 59 11/28/2021 Chemung Saroeun Muon 33 Asian Male Yes Suicide No 60 11/30/2021 Erie 61 12/3/2021 Erie 62 12/7/2021 Franklin 63 12/7/2021 Westchester DOCCS (Elmira) Erie County Sheriff DOCCS (Collins) James Ellis Antonio McCarty 58 Black Male Yes Medical Yes 55 Black Male Yes Medical Yes NYSP DOCCS (Sing Sing) Aaron Stark Steven Alleyne 41 White Male No Overdose Yes 56 Black Male Yes Overdose No Closed No death Officer did not Closed cause death Pending preliminary Open assessment Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death 55 A B # Date of Death Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Comments Unknown Unknown Unknown No Medical N/A 28 Black Male Yes Medical Yes 37 Black Male Yes Overdose Yes 29 White Male No Taser Yes 20 Hispanic Male No Shooting No 38 White Male Yes Suicide No 32 White Male No Vehicular No 20 Black Male No Vehicular No 36 White Male No Vehicular No County Agency 64 12/7/2021 Bronx NYC DOC 65 12/10/2021 Bronx NYC DOC Name Thamar Francois Malcolm Boatwright 66 12/14/2021 Bronx NYC DOC William Brown 67 12/15/2021 Greene Catskill PD 68 12/16/2021 Queens 69 12/16/2021 Onondaga 70 12/17/2021 Monroe 71 12/17/2021 Onondaga 72 12/19/2021 Chemung 73 12/20/2021 Kings NYPD Eudez Pierre 26 Black Male No Shooting Yes 74 12/22/2021 Otsego White Male No Shooting Yes Seneca 61 Hispanic Male Yes Suicide No 76 12/24/2021 Oneida 69 Black Male Yes Medical No 77 12/24/2021 Herkimer Mark Beilby Henry Maldonado Lawrence Harris Carson Dobson 24 75 12/22/2021 NYSP DOCCS (Five Points) DOCCS (Mohawk) 24 White Male No Shooting Yes 78 12/24/2021 Clinton Bryan Ashline 35 White Male Yes Overdose Yes Jason Jones Raymierik Lopez NYPD Onondaga County Sheriff Paul Watkins Monroe County Sheriff Wesley Soper Town of Chatuma Cicero PD Crawford Chemung County Sheriff James Thigpen NYSP DOCCS (Clinton) Closed Not an inmate Officer did not Closed cause death Pending preliminary Open assessment Pending investigation, incident Open 10/30/2021 Pending Open investigation Officer did not Closed cause death Closed Report issued Pending Open investigation Officer did not Closed cause death Pending Open investigation Pending Open investigation Officer did not Closed cause death Officer did not Closed cause death Pending Open investigation Officer did not Closed cause death 56 A B # Date of Death Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Comments Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death County 79 12/25/2021 Wyoming 80 12/27/2021 Bronx 81 12/27/2021 Clinton 82 12/30/2021 Wyoming 83 12/31/2021 Oneida Agency DOCCS (Attica) NYPD DOCCS (Clinton) DOCCS (Attica) DOCCS (Mohawk) DOCCS (Southport) Erie County Sheriff Name Tyrone Chaneyfield Sergio Guzman Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 25 Black Male Yes Medical No Closed 52 Hispanic Male No Vehicular Yes Closed Justin Odell 28 Black Male Yes Overdose Yes Closed Alvin Yates 64 Black Male Yes Medical No Closed Derrick Lewis 65 Black Male Yes Medical No Closed Terrol Massey 32 Black Male Yes Medical Yes Closed Edward Bald 65 White Male Yes Medical No Closed 46 Hispanic Male No Vehicular Yes 84 1/3/2022 Chemung 85 1/4/2022 Erie 86 1/7/2022 Monroe 87 1/7/2022 Queens NYC DOC Sean Sarker Unknown Unknown Male Yes Stabbing No 88 1/9/2022 Bronx NYPD Chenango County Sheriff Abdul Jallow Brian Lambrecht 55 Black Male No Shooting Yes 51 White Male No Suicide Yes Sullivan County Jail DOCCS (Great Meadows) NYSP James Slater Anthony Rivaldo Joshua Doyle 36 Black Male Yes Overdose No 42 Unknown White Unknown Male Male Yes No Suicide Shooting Yes N/A 89 1/10/2022 Chenango 90 1/13/2022 Sullivan 91 1/13/2022 92 1/15/2022 Washington Oneida Rochester PD Benji Martinez Officer did not Closed cause death No defined Closed officer Pending preliminary assessment. Incident was Open 4/3/2021. Officer did not Closed cause death Pending preliminary Open assessment Officer did not Closed cause death Closed No death 57 A B # Date of Death Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Comments Pending preliminary assessment Officer did not cause death Pending investigation Pending preliminary assessment Pending investigation No death Pending preliminary assessment Officer did not cause death Pending preliminary assessment Pending preliminary assessment. Incident was 2/2/2022; death was 6/2/2022. Pending investigation Officer did not cause death Officer did not cause death County Agency Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Ricky Mack 66 Black Male Yes Medical Yes Open Oneida Orange County Sheriff DOCCS (Mohawk) Roger Stein 59 Black Male Yes Medical No Closed 95 1/20/2022 Bronx NYPD Yoskar Feliz 27 Hispanic Male No Shooting Yes Open 96 1/21/2022 Greene DOCCS (Greene) 64 White Male Yes Medical Yes Open 97 1/21/2022 98 1/24/2022 New York Albany NYPD Albany PD Ronald Drabman Lawshawn McNeil Jordan Young 47 32 Black Black Male Male No No Shooting Shooting Yes Yes Open Closed 99 1/25/2022 Seneca Willie Dancy Jermaine Stewart 45 Black Male Yes Overdose Yes Open 32 Black Male Yes Overdose Yes Closed 93 1/16/2022 Orange 94 1/17/2022 100 1/28/2022 Seneca DOCCS (Five Points) DOCCS (Five Points) 101 2/1/2022 Cattaraugus Cattaraugus County Jail Brett Abrams 32 White Male Yes Overdose Yes Open 38 White Male No Vehicular Yes Open 102 2/2/2022 St. Lawrence NYSP Robert LaRock Jr 103 2/3/2022 Kings NYPD Clarence Little 46 Black Male No Shooting Yes Open 104 2/6/2022 New York NYPD Joley Aristhee 29 Black Male No Suicide Yes Closed 105 2/6/2022 Kings NYPD Jada Rollins 18 Black Female No Vehicular No Closed 58 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Agency Video Status No Open Comments Pending investigation Pending preliminary assessment Officer did not cause death Pending investigation Pending preliminary assessment Officer did not cause death No death Officer did not cause death Officer did not cause death Pending preliminary assessment Pending preliminary assessment Officer did not cause death Pending preliminary assessment Officer did not cause death A B # Date of Death County 106 2/7/2022 Onondaga Agency Onondaga County Sheriff 107 2/8/2022 Dutchess DOCCS (Fishkill) 108 2/9/2022 Queens NYPD Andrew Harrington Jose Rodriguez 109 2/12/2022 Erie NYSP James Huber 110 2/12/2022 Jefferson 111 112 2/14/2022 2/16/2022 Washington Bronx 113 2/23/2022 Niagara 114 2/23/2022 Erie 115 2/23/2022 Westchester 116 2/24/2022 Sullivan 117 2/24/2022 Erie 118 2/26/2022 Dutchess 119 2/27/2022 Niagara Name Age Race/Ethnic Group Gender Incarcerated Isaac Eames 48 White Male No Incident Type Murdersuicide 31 White Male Yes Suicide No Open 33 Hispanic Male No Suicide Yes Closed 38 White Male No Shooting Yes Open White Male No Suicide No Open White Unknown Male Male Yes Yes Medical Suicide No N/A Closed Closed White Male No Vehicular Yes Closed Hispanic Male Yes Suicide No Closed Watertown Robert PD Breckenridge 40 Washington County Jail Kenny Mallory 37 NYC DOC Ullah Rahm Unknown Lockport PD/ Derrick NYSP Holmes 21 DOCCS (Wende) Cecil Alves 43 DOCCS (Sing Sing) Steve Johnson 54 Black Male Yes Suicide No Open DOCCS (Sullivan) DOCCS (Wende) Keith Woolridge 52 Black Male Yes Overdose Yes Open Eric Sykes 44 Black Male Yes Medical No Closed DOCCS (Green Haven) Niagara County CF Cory McCollum 53 Black Male Yes Medical Yes Open Leroy Cheek 35 Black Male Yes Suicide Yes Closed 59 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L Status A B # Date of Death County Agency Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video 120 2/27/2022 Bronx NYC DOC Tarz Youngblood 38 Black Male Yes Overdose Yes 121 2/27/2022 Bronx Black Male No Suicide Yes 2/27/2022 Dutchess 23 Unknown Male No Shooting N/A 123 3/3/2022 St. Lawrence Maxie Suber Michael Becerril Alexander Williams 35 122 NYPD Dutchess County PD DOCCS (Riverview) 54 Black Male Yes Medical No 124 125 3/4/2022 3/6/2022 Dutchess Bronx 43 19 Hispanic Hispanic Male Male Yes No Overdose Shooting Yes No 126 3/6/2022 Orange 60 Unknown Male No Medical N/A 127 3/7/2022 Queens NYPD Michel Marvens 24 Black Male No Vehicular N/A 128 3/8/2022 Dutchess NYSP Robin Alverez 59 White Female No Yes 129 3/14/2022 Monroe Rochester PD Janet Jordan 35 Black Female No Vehicular Murdersuicide 130 3/14/2022 Queens NYPD Mohamed Diallo 30 Black Male No Medical Yes 131 3/17/2022 Bronx NYC DOC George Pagan 48 Black Male Yes Medical No 132 3/18/2022 Bronx Herman Diaz 52 Hispanic Male Yes Medical No 133 3/19/2022 Herkimer NYC DOC Herkimer County Jail Marie Soldato 39 White Female Yes Medical Yes DOCCS (Green Haven) Gregory Diaz NYPD Luis Monsanto Orange County Sheriff Steven Cox Yes M Comments Pending preliminary Open assessment Officer did not Closed cause death Closed No death Officer did not Closed cause death Pending preliminary Open assessment Closed No death Officer did not Closed cause death No defined officer. Incident was Closed 2/26/22. Officer did not Closed cause death Closed Report issued Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Officer did not Closed cause death 60 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L Status A B # Date of Death County Agency Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video 134 3/20/2022 Dutchess DOCCS (Green Haven) Kenneth Brown 65 Black Male Yes Medical Yes 135 3/21/2022 Dutchess 35 Asian Male Yes Overdose Yes 136 3/24/2022 Wyoming 57 Black Male Yes Overdose Yes 137 3/27/2022 Dutchess 56 Black Male Yes Overdose Yes Comments Pending preliminary Open assessment Pending preliminary Open assessment Officer did not Closed cause death Officer did not Closed cause death 138 3/29/2022 Erie Unknown Male No Medical N/A Officer did not Closed cause death 139 3/31/2022 Wayne White Male No Shooting Yes 140 4/4/2022 Albany Black Male No Vehicular Yes 141 4/6/2022 Wyoming DOCCS (Attica) Thomas Lasher 56 White Male Yes Medical Yes 142 143 4/7/2022 4/10/2022 Kings Kings NYPD NYPD Ronald Smith Unknown 53 Unknown Black Unknown Male Unk No No Vehicular Shooting Yes N/A DOCCS (Fishkill) Joseph Clarke Eduardo Andrade 37 Black Male Yes Suicide Yes Unknown Unknown Unk No Shooting N/A Brian Sohtz 47 White Male Yes Overdose Yes Jingzh Li 58 Asian Male Yes Suicide No David Jones 58 White Male Yes Overdose No 144 4/11/2022 Dutchess 145 4/11/2022 Queens 146 4/12/2022 Dutchess 147 4/14/2022 Chemung 148 4/15/2022 Tioga DOCCS (Green Miguel Haven) Abarentos DOCCS Troy (Attica) Cartwright DOCCS (Green Haven) Cedric Darrett Erie County Sheriff Arthur Basher Unknown Wayne Vincent County Sheriff Mitchell 60 Tea'Shawn Albany PD Walker 13 NYPD DOCCS (Greenhaven) DOCCS (Elmira) Tioga County Jail M Closed No death Officer did not Closed cause death Pending preliminary Open assessment Pending Open investigation Closed No death Pending preliminary Open assessment Closed No death Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death 61 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L M Status Comments A B # Date of Death County 149 4/18/2022 Warren 150 4/18/2022 Orange 151 4/20/2022 Westchester 152 4/24/2022 Dutchess 153 4/26/2022 Oneida 154 4/28/2022 Oneida 155 4/29/2022 Dutchess FBI DOCCS (Fishkill) DOCCS (Mohawk) DOCCS (Mohawk) NYSP and Hyde Park PD 156 4/29/2022 Clinton 157 4/30/2022 158 Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Dennis Ford 66 White Male Yes Medical No Ahkem Chu Bryant Jackson Jr. James Pallonetti 23 Hispanic Male No Vehicular No 28 Black Male No Shooting No 62 White Male Yes Medical No Tomas Berroa Ricardo Maisonet 40 Hispanic Male Yes Medical No 59 Hispanic Male Yes Medical No Jamie Feith 34 White Female No Shooting Yes NYSP Jason Barnaby 47 White Male No Suicide Yes Queens NYPD Hye-Lim Baik 35 Asian Female No Suicide Yes 5/1/2022 Otsego Otsego County CF 38 White Male Yes Medical Yes 159 5/2/2022 New York 58 White Female No Suicide Yes 160 5/3/2022 Oswego NYPD Oswego County Sheriff Joseph Walley Velantina Shafaizieva 33 White Male No Suicide No 161 5/3/2022 Schenectady NYSP Adam Cook Yohannes Bernot 25 Black Male No Vehicular Yes 162 5/3/2022 Washington DOCCS (Great Meadows) Toby Smith 48 White Male Yes Medical No 163 5/7/2022 Erie NYSP Benjamin Wence 44 White Male No Vehicular Yes Agency Warren County Correctional Village of Suffern PD Officer did not Closed cause death Officer did not Closed cause death No defined Closed officer Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Pending Open investigation Officer did not Closed cause death Officer did not Closed cause death Pending preliminary Open assessment Officer did not Closed cause death Officer did not Closed cause death Officer did not Closed cause death Pending preliminary Open assessment Pending preliminary Open assessment 62 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L Age Race/Ethnic Group Gender Incarcerated Incident Type Status 25 Black Male Yes Yes 20 White Male No Suicide Murdersuicide 20 Black Female No Vehicular Yes A B # Date of Death County Agency 164 5/7/2022 Bronx NYC DOC 165 5/8/2022 Orange NYPD 166 5/9/2022 Kings NYPD Deshawn Carter Edward Wilkins Myasia Arnette 167 5/10/2022 Bronx NYPD Rameek Smith 26 Black Male No Shooting Yes 168 5/11/2022 Chemung DOCCS (Elmira) Sheldon Midlarsky 86 White Male Yes Overdose No 169 5/11/2022 St. Lawrence DOCCS (Riverview) Lacey Williams 54 Black Male Yes Medical Yes 170 5/13/2022 Bronx NYPD Billy Lee 51 White Male No Shooting No 171 5/17/2022 Bronx Black Female Yes Medical Yes 172 5/19/2022 Hispanic Male Yes Other Yes 173 5/22/2022 White Male Yes Suicide No 174 5/25/2022 Unknown Male Male No Shooting N/A 175 5/28/2022 Bronx 21 Black Male Yes Overdose Yes 176 5/29/2022 Washington 59 White Male No Suicide Yes Name NYC DOC Mary Yehudah 31 DOCCS Hipolito St. Lawrence (Gouverneur) Nunez 33 DOCCS Nathaniel Chemung (Elmira) Sergio 40 Joshua Goebel, MacArthur Monroe Rochester PD Chisolm Unknown NYC DOC Hudson Falls PD Emmanuel Sullivan David Barr Greenwood Agency Video No M Comments Pending preliminary Open assessment Pending Open investigation Officer did not Closed cause death Pending Open investigation Pending preliminary Open assessment Pending preliminary Open assessment Pending Open investigation Pending preliminary Open assessment Officer did not Closed cause death Officer did not Closed cause death Closed No death Pending preliminary Open assessment Officer did not Closed cause death 63 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L Status A B # Date of Death County 177 5/30/2022 178 Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Erie Agency DOCCS (Wende) Adam Berwid 86 White Male Yes Medical No 5/30/2022 Cayuga DOCCS (Auburn) Edward Plummer 61 Hispanic Male Yes Medical No 179 6/1/2022 Rockland Ramapo PD Carrie Deas 86 Unknown Female No Medical No 180 6/1/2022 Dutchess 41 White Male Yes Suicide Yes 181 6/3/2022 Niagara 29 Black Male No Shooting No 182 6/4/2022 New York 27 Black Male No Medical Yes 183 6/4/2022 Onondaga 40 White Male No Suicide No 184 6/6/2022 Erie 185 6/7/2022 Oneida 186 6/14/2022 187 6/17/2022 DOCCS (Greenhaven) Mark Thomas Niagara Falls Reginald PD Barnes Anthony Troy NYPD James Christopher Solvay PD Lannie Alvin Hall 57 Black Male Yes Medical No Daniel Martin 71 Black Male Yes Medical Yes Erie DOCCS (Wende) DOCCS (Mohawk) Erie County Holding Center Sean Riordan 30 White Male Yes Medical No Wyoming DOCCS (Attica) Dean Klejment 55 White Male Yes Medical Yes Matthew Lowery Antonio Bradley 52 Black Male Yes Overdose No 28 Black Male Yes Suicide Yes 188 6/17/2022 Ulster DOCCS (Ulster) 189 6/18/2022 Bronx NYC DOC M Comments Officer did not Closed cause death Pending preliminary Open assessment Officer did not Closed cause death Pending preliminary Open assessment Closed No death Pending Open investigation Officer did not Closed cause death Pending preliminary Open assessment Officer did not Closed cause death Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Officer did not Closed cause death 64 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L A B # Date of Death County 190 6/19/2022 191 M Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Westchester Agency DOC (Westchester County) Steven Cohen 69 White Male Yes Medical No Open 6/20/2022 Bronx NYC DOC Anibal Carrasquillo 39 Hispanic Male Yes Overdose Yes Open 192 6/20/2022 Albany Albany PD Eric Frazier 55 Black Male No Shooting Yes 193 6/21/2022 Bronx Albert Drye 52 Black Male Yes Medical Yes 194 6/24/2022 Chemung NYC DOC DOCCS (Elmira) Ronny Torres 28 Hispanic Male Yes Suicide No 195 6/25/2022 Albany Albany County Sheriff 20 Black Male Yes Overdose No 196 6/25/2022 Kings NYPD Ahliek Leonard Lynn Christopher 67 Black Female No Vehicular Yes 197 6/28/2022 Kings NYPD Luke Ganster 26 White Male No Yes 198 6/28/2022 Dutchess DOCCS (Green Haven) Jarrett Frost 30 Black Male Yes Suicide Incarcerated person violence (stabbing) 199 6/29/2022 Onondaga Syracuse City PD Michael Brantley 43 Black Male No Suicide No 200 6/29/2022 Franklin NYSP Joshua Kavota 33 Black Male No Shooting Yes 201 7/2/2022 Oneida DOCCS (Mohawk) David Connolly 70 White Male Yes Medical No 202 7/3/2022 Ulster New Paltz PD Andrew Kanninen 44 White Male No Overdose Yes Closed No death Pending preliminary Open assessment Officer did not Closed cause death Pending preliminary Open assessment Officer did not Closed cause death Officer did not Closed cause death Pending preliminary Open assessment Pending preliminary Open assessment Pending Open investigation Pending preliminary Open assessment Pending preliminary Open assessment Yes Comments Pending preliminary assessment Pending preliminary assessment 65 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L Status A B # Date of Death County 203 7/6/2022 204 Name Nicholas Keiffer Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Genesee Agency Genesee County Sheriff 26 White Male No Vehicular Yes 7/9/2022 Queens NYPD 60 Black Male No Shooting Yes 205 7/9/2022 Kings NYPD Raul Hardy Malik Williams 19 Black Male No Shooting Yes 206 7/10/2022 Bronx NYC DOC 31 Black Male Yes Overdose Yes 207 7/10/2022 Bronx NYC DOC Elijah Mohammed Shaquille Wilson 28 Black Male Yes Medical N/A 208 7/15/2022 Bronx NYC DOC Michael Lopez 34 Hispanic Male Yes Overdose Yes 209 7/16/2022 Chemung DOCCS (Elmira) Roger Ested 63 Black Male Yes Medical No 210 7/18/2022 Chemung DOCCS (Elmira) 35 White Male Yes Overdose No 211 7/21/2022 Bronx NYC DOC Tyler Rodkey Raymond Chaluisant 18 Hispanic Male No Shooting Yes 212 7/24/2022 Ulster DOCCS (Eastern) Roger Pragle 71 White Male Yes Medical No 213 7/25/2022 Kings NYPD Jamaine Smith 50 Black Male No Medical Yes 214 7/30/2022 Dutchess DOCCS (Fishkill) Gregory Birch 66 Black Male Yes Medical No 215 7/31/2022 Franklin DOCCS (Upstate) Ladale Kennedy 41 Black Male Yes Medical Yes M Comments Officer did not Closed cause death Pending Open investigation Pending Open investigation Pending preliminary Open assessment Closed No death Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Indictment Closed issued Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment 66 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L A B # Date of Death County Agency Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 216 7/31/2022 Erie DOCCS (Wende) Juan Maldonado 62 Hispanic Male Yes Medical No Open 217 8/2/2022 Washington DOCCS (Great Meadows) Christian Rodriguez 34 Hispanic Male Yes Overdose No Open 218 8/2/2022 Onondaga Onondaga County Sheriff Infant Black Female Yes Medical No Open 219 8/5/2022 Queens NYPD 18 Black Male No Shooting N/A 220 8/8/2022 Suffolk 56 Black Male No Medical No 221 8/8/2022 Greene 40 White Male No Vehicular Yes 222 8/13/2022 Oneida Jeremy Eaton 45 White Male Yes Suicide No 223 8/14/2022 Westchester DOCCS (Mohawk) DOC (Westchester County) Patrick Reddon 37 Black Male Yes Medical Yes 224 8/15/2022 Bronx NYC DOC 68 Hispanic Male Yes Suicide Yes 225 8/18/2022 Monroe NYSP 21 Black Male No Vehicular N/A 226 8/19/2022 Queens NYPD Ricardo Cruciani Kron Hathaway Angel Lopez Jeremy Rosario Closed No death Pending preliminary Open assessment Officer did not Closed cause death Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment 22 18 Hispanic Hispanic Male Male No No Vehicular No 227 8/19/2022 Wyoming DOCCS (Attica) Jose Cruz 55 Hispanic Male Yes Medical No Ayanna Byrd Joshua Wilkinson Suffolk County PD Bobby Morant Christopher NYSP Stanton M Comments Pending preliminary assessment Pending preliminary assessment Pending preliminary assessment Closed No death Pending preliminary Open assessment Pending preliminary Open assessment 67 Table A. Incidents Notified to the Attorney General Under Section 70-b, September 1, 2021 through August 31, 2022 C D E F G H I J K L A B # Date of Death County Agency Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 228 8/20/2022 Delaware NYSP Devin J. Freudenmann 42 White Male No Suicide Yes Open 229 8/25/2022 Bronx NYC DOC Michael Nieves 40 Hispanic Male Yes Suicide Yes Open 230 8/28/2022 Westchester NYSP Kahseen T. Trotter 22 Black Male No Vehicular Yes Open 231 8/28/2022 Cattaraugus Cattaraugus County Jail David Foster 30 Black Male Yes Overdose Yes Open 232 8/31/2022 Bronx NYPD Cathy Garcia 69 Black Female No Vehicular Yes Open M Comments Pending preliminary assessment Pending preliminary assessment Pending preliminary assessment Pending preliminary assessment Pending preliminary assessment. Death was 8/25/22. OSI notified 8/31/22. 68 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C D E F G H I J K L # Date of Death County Agency Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 1 4/1/2021 Bronx MTA PD Name Dylon McCluskey 33 Unknown Male No Medical No Closed 2 4/3/2021 Bronx Abadual Gallo Unknown Unknown Male No Shooting Yes Closed 3 4/5/2021 Seneca NYPD DOCCS (Five Points) Todd Branham 64 White Male Yes Medical No Closed 4 4/6/2021 Otsego Tyler Green 23 White Male No Shooting Yes Closed 5 4/7/2021 Greene Jeremy Joseph 40 White Male Yes Suicide No Closed 6 4/8/2021 New York Derek Graves 52 Black Male No Closed 4/9/2021 Nassau Hubert Lewis 61 Black Male No Medical Following Restraint No 7 NYPD Nassau County PD No Closed 8 4/14/2021 Brooklyn Irena Pekarska 52 White Female No Suicide Yes Closed 9 4/15/2021 Dutchess White Male Yes Medical No Closed 4/19/2021 Bronx Andrew Moore Thomas Braunson 36 10 NYPD DOCCS (Fishkill) NYC DOC (Rikers) 35 Black Male Yes Medical No Closed 11 4/20/2021 Manhattan Jose Muniz 31 Hispanic Male No Shooting No Closed 12 4/26/2021 Sullivan 31 White Male Yes Suicide No Closed 13 4/26/2021 Seneca Joshua Hunter Andrew Jackling 43 White Male Yes Suicide No Closed 14 4/28/2021 Franklin 55 White Male No Suicide No Closed 15 4/28/2021 Saratoga NYSP Barry Stewart NYSP/ Saratoga Robert County Sheriff Sanders 49 White Male No Suicide Yes Closed 16 4/29/2021 Dutchess 77 White Male No Suicide No Closed Oneonta PD DOCCS (Coxsackie) NYPD DOCCS (Sullivan) DOCCS (Five Points) Redhook PD Nick Annas M Comments Officer did not cause death No death Officer did not cause death Report issued Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death No death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death 69 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C # Date of Death County 17 4/30/2021 18 5/1/2021 19 5/2/2021 20 5/6/2021 21 D E F G H I J K L M Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Comments 67 White Male No Medical No Closed 45 Black Male Yes Medical Yes Closed 35 White Male Yes Medical No Closed 66 Black Male Yes Medical Yes Closed 5/6/2021 Agency Name Village of Spring Valley Robert Rockland PD Berenter NYC DOC Bronx (Rikers) Richard Blake Cattaraugus Cattaraugus County Jail Franklin Chase DOCCS (Green Dutchess Haven) Malik Abdullah DOCCS Domenick Cayuga (Cayuga) Krango 64 White Male Yes Medical No Closed 22 5/6/2021 Manhattan 44 Hispanic Male No Shooting No Closed 23 5/7/2021 37 White Male No Medical Yes Closed 24 5/10/2021 67 White Male No Medical No Closed 25 5/11/2021 31 White Male Yes Medical No Closed 26 5/11/2021 Oswego NYSP 32 White Male No Suicide Yes Closed 27 5/12/2021 Kings NYPD Philip Watros Boyce Hayward No death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death 26 Hispanic Male No Shooting Unknown Closed No death 28 5/14/2021 Monroe Mark Gaskill 28 White Male No Shooting Yes Closed Report issued 29 5/18/2021 Columbia White Male Yes Suicide Unknown Closed No death 5/20/2021 Suffolk 44 White Male No Shooting No Closed 31 5/21/2021 Kings 42 Hispanic Male No Medical Yes Closed 32 5/22/2021 Cayuga William Greco Jesse Bonsignore Angelo DeGracia Darrell Swartwood 37 30 Rochester PD Columbia County Jail Suffolk County PD 45 White Male Yes Medical No Closed Report issued Officer did not cause death Officer did not cause death NYPD Johnny Diaz Ontario Matthew Ontario County Sheriff Chwiecko Town of Michael Rockland Clarkstown PD Torossain DOCCS Michael Washington (Washington) Schermerhorn NYPD DOCCS (Cayuga) Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death 70 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C D E F G H I J K L M # Date of Death County Agency Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 33 5/23/2021 Queens NYPD 82 Hispanic Female No Vehicular No Open 34 5/24/2021 Queens 46 Hispanic Male No Vehicular No Open 35 5/29/2021 Orange Jason Smykla 37 White Male No Medical No Closed 36 6/1/2021 Greene NYPD Town of Goshen PD DOCCS (Greene) Name Lopamudra Desai Marcelo Palaez & Leonardo Rodriguez James LaRoche 40 Black Male Yes Medical Yes Closed 37 6/4/2021 Kings NYPD 67 White Male Yes Medical Yes Closed 38 6/4/2021 Monroe John Greico Timothy Flowers 29 Black Male No Shooting Yes Closed 39 6/10/2021 Bronx 34 Hispanic Male Yes Medical Yes Open 40 6/12/2021 Clinton 36 Hispanic Male Yes Medical No Closed 41 6/12/2021 Orange 31 White Male No Shooting Yes Closed 42 6/14/2021 Greene 62 Black Male Yes Medical No Closed 43 6/17/2021 Rockland 46 Hispanic Male No Medical No Closed 44 6/19/2021 Otsego Rochester PD NYC DOC (Rikers) Jose Mejia DOCCS Edgardo (Clinton) Devictor-Lopez Town of Christopher Wallkill PD VanKleeck DOCCS Andrew (Coxsackie) Gibson Village of Spring Valley Victor PD Martinez DOCCS Steven (Otsego) Pawlowski 45 White Male Yes Suicide Yes Closed 45 6/23/2021 Manhattan Gary Bryant 22 Black Male No Suicide Yes Closed 46 6/23/2021 Schenectady NYPD Schenectady PD Officer did not cause death Officer did not cause death Officer did not cause death Leon Martin 15 Black Male No Vehicular Yes Closed No death Comments Pending investigation Pending investigation Officer did not cause death Officer did not cause death Officer did not cause death Report issued Pending investigation Officer did not cause death Report issued Officer did not cause death 71 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C D E F G H I J K L M # Date of Death County Name Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Comments 47 6/25/2021 Unknown 27 Unknown Male No Medical No Closed 48 6/25/2021 Edwin Ortiz 56 Hispanic Male Yes Medical No Closed 49 6/26/2021 Lyle Davoy John Malaussen 64 White Male Yes Medical No Closed 50 6/28/2021 55 White Male Yes Medical Yes Closed 51 6/29/2021 Brooklyn 77 Hispanic Female No Vehicular No Closed 52 6/29/2021 Delaware 53 White Male No Suicide Yes Closed 53 6/30/2021 Clinton 34 White Male Yes Medical Yes Closed 54 6/30/2021 Bronx NYC DOC (Rikers) Robert Jackson Margarito Perez 42 Black Male Yes Medical Yes Open 55 6/30/2021 Queens NYPD 21 Hispanic Male No Vehicular No Closed 56 7/4/2021 Staten Island 57 7/6/2021 Wyoming 58 7/6/2021 Clinton 59 7/6/2021 Wyoming NYPD DOCCS (Attica) DOCCS (Clinton) DOCCS (Attica) Miguel Avila 51 Hispanic Male No Suicide Yes Closed Louis Stoller 54 White Male Yes Medical No Closed 55 Black Male Yes Medical Yes Closed 61 White Male Yes Medical Yes Closed NYPD Rodney Horn Keith Goodman Steven Leconte 60 7/8/2021 Brooklyn 53 Black Male No Shooting Yes Closed 61 7/8/2021 Manhattan NYPD Borkot Ullah 24 Asian Male No Vehicular Yes Closed Agency City of Westchester Peekskill PD DOCCS Erie (Wende) DOCCS (Five Onondaga Points) DOCCS (Green Dutchess Haven) NYPD Maria Loaiza Delaware Philip County Sheriff Treadwell DOCCS (Clinton) William Shafer No death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Pending preliminary assessment No death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Report issued Officer did not cause death 72 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C # Date of Death County 62 7/8/2021 Nassau 63 7/10/2021 Franklin 64 7/11/2021 Wyoming 65 7/14/2021 Dutchess 66 7/15/2021 Columbia 67 7/16/2021 Nassau 68 7/19/2021 Onondaga 69 7/24/2021 70 7/25/2021 71 7/26/2021 72 7/26/2021 73 7/29/2021 74 7/30/2021 Staten Island 75 8/4/2021 76 77 D E Agency Name Rockville Centre PD Unknown DOCCS (Franklin) Charles McGill DOCCS Nicholas (Attica) Perham DOCCS (Green Haven) Hale Adler Sarah NYSP Craddock Nassau Daniyal County PD Shaukat NYSP Charles Fadale Quogue Suffolk Village PD Justin Mendez Cortland Cortland County Sheriff Casey Stockton Chautauqua Chautauqua County Jail Louis Rivera DOCCS (Sing Eriberto Westchester Sing) Bisono DOCCS Clinton (Clinton) George Grant F G H I J K L M Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status Comments Unknown Unknown Unknown No Unknown No Closed 57 Black Male Yes Medical No Closed 36 White Yes Medical No Closed 37 White Male Trans Female Yes Medical No Closed 40 White Female No Shooting Yes Closed 24 Asian Male No Vehicular No Closed 66 White Male No Vehicular No Closed 22 Hispanic Male No Vehicular Yes Closed 26 White Male No Vehicular Yes Closed 65 Hispanic Male Yes Medical Yes Closed 27 Hispanic Male Yes Suicide No Closed 60 Black Male Yes Yes Closed Yes Closed NYPD Daniel Milton 22 White Male No Medical Following Restraint Westchester Yonkers PD Jojuan Alston 42 Black Male No Medical Yes Closed 8/6/2021 Delaware NYSP Roger Lynch 59 White Male No Shooting Yes Open 8/8/2021 Oneida CNYPC Jack Wright Unknown Unknown Unknown Yes Medical No Closed No death Officer did not cause death Officer did not cause death Officer did not cause death No death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Pending investigation No defined officer 73 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C D # Date of Death County 78 8/9/2021 Oneida 79 8/10/2021 Bronx 80 8/11/2021 Chemung 81 8/15/2021 Onondaga Syracuse PD 82 8/18/2021 Manhattan 83 8/19/2021 Dutchess 84 8/21/2021 Dutchess 85 8/21/2021 86 E F G H I J K L Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 56 Black Male Yes Medical Yes Closed 25 Hispanic Male Yes Suicide Yes Closed 33 White Male Yes Suicide No Closed Joseph Evans 67 Black Male No Shooting Yes Closed NYPD Unknown Unk. Black Female No Suicide Yes Closed Allan Forbes Unknown Unknown Male No Vehicular Unknown Closed Unknown Male Yes Medical No Closed 29 White Male No Vehicular No Closed 8/23/2021 Brooklyn NYPD 72 White Male No Suicide Yes Closed 87 8/24/2021 Erie 21 Black Female No Vehicular No Closed 88 8/24/2021 Oneida Buffalo PD DOCCS (MidState) Mark Garrett James Jewett Jr. Peter Barenboim Sequoyah Woodberry 57 Herkimer NYSP DOCCS (Fishkill) Mohawk Village PD Su Kim 64 Asian Male Yes Suicide No Closed 89 8/24/2021 Greene NYSP Tyler Lane 33 White Male No Vehicular No Closed 90 8/25/2021 Putnam Putnam County Sheriff George Taranto 77 White Male No Medical Yes Closed 91 8/25/2021 Bronx NYPD Malik Rahman 52 Black Male Yes Medical Yes Closed 92 8/27/2021 Chemung 53 White Male No Shooting Yes Closed 93 8/28/2021 Dutchess NYSP David Wandell DOCCS (Green Haven) Abel Rosas 55 Hispanic Male Yes Medical No Closed Agency Name Oneida County Sheriff Ronald Pierce NYC DOC Brandon (Rikers) Rodriguez DOCCS (Elmira) David Kingsley M Comments Officer did not cause death Officer did not cause death Officer did not cause death No death Officer did not cause death No death Officer did not cause death No death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death. OSI notified 10/1/2021. Officer did not cause death Report issued Officer did not cause death 74 Table B. Incidents Notified to the Attorney General Under Section 70-b, April 1 through August 31, 2021 A B C D E F G H I J K L # Date of Death County Agency Age Race/Ethnic Group Gender Incarcerated Incident Type Agency Video Status 94 8/29/2021 Bronx 24 Hispanic Male No Shooting Yes Open 95 8/30/2021 Bronx 58 Hispanic Male Yes Suicide Yes Closed Comments Pending investigation Officer did not cause death 96 8/30/2021 Rockland NYPD NYC DOC (Rikers) Village of Spring Valley PD Name Michael Rosado Segundo Guallpa 19 Unknown Male No Medical No Closed Officer did not cause death Davidson Stinfill M 75 Table C. NYC DOC Incidents Notified to the Attorney General under Section 70-b, April 1, 2021 through August 31, 2022 C D E F G H I J K L A B # Date of Death County 1 4/19/2021 Bronx 2 5/1/2021 Bronx 3 6/10/2021 Bronx Agency NYC DOC NYC DOC NYC DOC Name Thomas Braunson Richard Blake Age Race/Ethnic Group 35 Black Male Yes Medical No Closed 45 Black Male Yes Medical Yes Closed Jose Mejia 34 Hispanic Male Yes Medical Yes Open Robert Jackson Brandon Rodriguez Segundo Guallpa Esias Johnson Karim Isaabdul Stephen Khadu Victor Mercado 42 Black Male Yes Medical Yes Open 25 Hispanic Male Yes Suicide Yes Closed 58 Hispanic Male Yes Suicide Yes Closed 24 Black Male Yes Overdose Yes Closed 41 Black Male Yes Medical Yes Closed 24 Black Male Yes Medical Yes Closed 64 Hispanic Male Yes Medical Yes Closed 58 Black Male Yes Suicide Yes Open Unknown Unknown Unknown No Medical N/A 28 Black Male Yes Medical Yes Closed Not an inmate Officer did not Closed cause death 4 6/30/2021 Bronx 5 8/10/2021 Bronx 6 8/30/2021 Bronx 7 9/7/2021 Bronx 8 9/19/2021 Bronx 9 9/22/2021 Bronx 10 10/15/2021 Bronx NYC DOC NYC DOC NYC DOC NYC DOC NYC DOC NYC DOC NYC DOC 11 10/19/2021 New York NYC DOC Anthony Scott 12 12/7/2021 Bronx 13 12/10/2021 Bronx NYC DOC NYC DOC Thamar Francois Malcolm Boatwright Gender Incarcerated Incident Type Agency Video Status M Comments Officer did not cause death Officer did not cause death Pending investigation Pending preliminary assessment Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Officer did not cause death Pending preliminary assessment 76 A B # Date of Death Table C. NYC DOC Incidents Notified to the Attorney General under Section 70-b, April 1, 2021 through August 31, 2022 C D E F G H I J K L County Agency Name Age Race/Ethnic Group William Brown 37 Black Male Yes Overdose Yes Open Sean Sarker Unknown Unknown Male Yes Stabbing No Closed No defined officer Ullah Rahm Unknown Unknown Male No Suicide N/A Closed No death Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Officer did not Closed cause death Pending preliminary Open assessment Gender Incarcerated Incident Type Agency Video Status 15 1/7/2022 Queens 16 2/16/2022 Bronx NYC DOC NYC DOC NYC DOC 17 2/27/2022 Bronx NYC DOC Tarz Youngblood 38 Black Male Yes Overdose Yes 18 3/17/2022 Bronx NYC DOC George Pagan 48 Black Male Yes Medical No 19 3/18/2022 Bronx NYC DOC Herman Diaz 52 Hispanic Male Yes Medical No Deshawn Carter 25 Black Male Yes Suicide Yes 31 Black Female Yes Medical Yes 21 Black Male Yes Overdose Yes 28 Black Male Yes Suicide Yes 39 Hispanic Male Yes Overdose Yes 14 12/14/2021 Bronx M 22 5/7/2022 Bronx NYC DOC 23 5/17/2022 Bronx NYC DOC Mary Yehudah 24 5/28/2022 Bronx 25 6/18/2022 Bronx NYC DOC NYC DOC Emmanuel Sullivan Antonio Bradley 26 6/20/2022 Bronx NYC DOC Anibal Carrasquillo Comments Pending preliminary assessment 77 Table C. NYC DOC Incidents Notified to the Attorney General under Section 70-b, April 1, 2021 through August 31, 2022 C D E F G H I J K L A B # Date of Death County Agency Name 27 6/21/2022 Bronx NYC DOC Albert Drye 28 7/10/2022 Bronx 29 7/10/2022 Bronx NYC DOC NYC DOC Elijah Mohammed Shaquille Wilson 30 7/15/2022 Bronx NYC DOC 32 33 8/15/2022 8/25/2022 Age Race/Ethnic Group Gender 52 Black 31 M Incarcerated Incident Type Agency Video Status Male Yes Medical Yes Open Black Male Yes Overdose Yes Open 28 Black Male Yes Medical N/A Michael Lopez 34 Hispanic Male Yes Overdose Yes Bronx NYC DOC Ricardo Cruciani 68 Hispanic Male Yes Suicide Yes Bronx NYC DOC Michael Nieves 40 Hispanic Male Yes Suicide Yes Closed No death Pending preliminary Open assessment Pending preliminary Open assessment Pending preliminary Open assessment Comments Pending preliminary assessment Pending preliminary assessment 78