He was pinned to the ground with a bag over his head during a health emergency.
Charges will not be filed in the death of New York man Daniel Prude, who was seen on police body camera footage being pinned to the ground with a spit bag over his head.
New York Attorney General Letitia James announced Tuesday that a grand jury voted not to indict any of the Rochester Police officers involved in the incident.
Prude, 41, was restrained by the officers in March 2020 during a mental health emergency. His death, of complications from asphyxia after he was taken off life support, was ruled a homicide.
“Daniel Prude was in the throes of a mental health crisis and what he needed was compassion, care, and help from trained professionals,” James said in a statement. “Tragically, he received none of those things.”
Body camera footage, released by Prude’s family in September, showed Prude appearing to go unconscious while he is being pinned to the ground.
The delay in the release of the video resulted in James’ office implementing a new policy in which body camera footage will now be released earlier in the investigation process.
James said Tuesday that the current deadly force laws in place “have created a system that utterly and abjectly failed Mr. Prude and so many others before him,” adding that serious reform is needed on the “criminal justice system as a whole.”
“While I know that the Prude family, the Rochester community, and communities across the country will rightfully be devastated and disappointed, we have to respect this decision,” James said Tuesday.
Rochester Mayor Lovely Warren said in a statement that the announcement is “hard for many of us to understand.”
“Today’s findings will not undo the damage done nor bring Mr. Prude back to his loved ones. And, we extend our fullest prayers and condolences to his children and his family,” Warren said. “There are no words that can comfort a family who has lost their loved one in this tragic way. Our actions going forward will ensure that Daniel Prude’s death was not in vain.”
Lovely echoed James’ insistence that policies and procedures must change to “correct the inequities in the system.”
James’ office has released a comprehensive report with detailed descriptions of the events that allegedly occurred on March 22 and 23 “to provide maximum transparency into the case,” according to a statement.
Attorneys Ben Crump and Antonio Romanucci, who are representing Crude’s family, said in a joint statement that they are “deeply disappointed” that the officers involved will not face criminal charges.
“This tragedy could have been avoided if officers had been properly trained but also used basic human decency and common sense to treat Mr. Prude with compassion and get him the medical attention he deserved,” the attorneys said. “We will continue to advocate for justice in the civil courts, while also seeking federal police reform so that these continued tragedies against Black citizens end once and for all.”
Former Rochester Police Chief La’Ron Singletary was fired in September amid criticism over the handling of Prude’s death. Seven officers involved in the incident were also suspended that month and will remain on leave pending an internal investigation, interim Rochester Police Chief Cynthia Herriott-Sullivan and the Rochester Police Locust Club, the department’s police union, said in separate statements.
Herriott-Sullivan said she has “a deep and unwavering regard for our judicial system and due process for all persons” but that the department will continue to update its policies and training, from de-escalation, duty to intervene and mental hygiene detention practices.
“I want the family and our community to know that I accepted the role of Interim Police Chief to make real, systemic change, and that is still my goal,” Herriott-Sullivan said. “I am proud of the progress we’re making and of RPD Officers for being open to learning alternative methods and working together towards a common goal of keeping this from happening again.”