Police officers in New York need to pay attention to the agenda of AG Letitia James. After not being able to indict the Rochester Officers involved with the death of Daniel Prude AG James now thinks the Grand Jury process is inadequate. She controlled the investigation in the Daniel Prude case, her office presented the evidence to the Grand Jury and after the Grand Jury didn’t indict the Grand Jury system is broken? WHY? 23 citizens didn’t fulfill their oath as a Grand Juror? Maybe the Grand Jurors felt that there simply wasn’t enough probable cause to indict the officers on the charges that the AG office was alleging.
The most concerning attack on New York Police is AG James wanting to change when a police officer will be permitted to use deadly physical force. AG James said she wants to change Penal Law Article 35 from a “subjective simple necessity” standard to an “absolute last resort exhausting all other non-lethal means before using deadly force”. This is very dangerous for police. The concern is that Police will be too pressured not to make a mistake that police and citizens will be more at risk of injury or death because of the hesitancy and confusion when police can use deadly force to protect themselves and others. It is easy to see that “Absolute Last Resort Exhausting All Other Non-Lethal Means Before Using Deadly Force” would create circumstances that police might delay their use of deadly force just enough where the offender’s use of deadly force would be effective injuring or killing someone. Reaction is slower than action. Clouding the officer’s reaction by mandating a menu of mandatory responses when immediately needed response should be deadly force places people in unnecessary danger.
Attorney General James Press Conference – February 23, 2021 HERE
The NYS Attorney General Website is HERE
Special Investigations and Prosecutions Unit Report on the Investigation into The Death of Daniel Prude
can be accessed HERE
Special Investigations and Prosecutions Unit
On July 8, 2015, Governor Cuomo issued Executive Order No. 147, which appointed the New York State Attorney General as special prosecutor in incidents where a law enforcement officer causes the death of an unarmed civilian, or where there is a significant question as to whether the civilian was armed and dangerous. The following day, the office announced the creation of the Special Investigations and Prosecutions Unit (SIPU) to investigate and, if warranted, prosecute all cases that fall within the scope of Executive Order 147.
The SIPU website with more reports is HERE