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NYPD's Custodial Deaths Raise Concerns: Who Oversees the Overseers?

Independent Agency Should Instantly Examine Every Death in NYPD Custody, According to The Legal Aid Society, due to the fact that this is not currently practiced.

NYPD Faces Scrutiny Over Five In-Custody Deaths in 2021, Querying Accountability of the Authorities...
NYPD Faces Scrutiny Over Five In-Custody Deaths in 2021, Querying Accountability of the Authorities Raised

NYPD's Custodial Deaths Raise Concerns: Who Oversees the Overseers?

In a troubling turn of events, five individuals have died in the New York Police Department's (NYPD) custody this year, according to a letter from the Legal Aid Society. Among them was Soso Ramishvili, who was arrested for shoplifting in March.

The NYPD's focus on quality-of-life enforcement has been a subject of criticism, with Legal Aid arguing that it results in too many people being brought into NYPD custody who should not be. This is particularly concerning, as all five deaths occurred while the individuals were awaiting arraignment in the care of the NYPD.

In response to these deaths, the NYPD's Force Investigation Division conducts internal investigations. However, if there's a question of whether an officer caused a death, the state attorney general's office is required to launch its own investigation. The Department of Investigation (DOI) can assist the state attorney general in examining whether NYPD policies and procedures are properly followed, but it is not mandated to review deaths in police custody.

The deaths of Cetin and Cheatham, who died in July and a still-unnamed man who died in March, have been ruled as suicides by city medical examiners. The causes of death for Nieves and the yet-unidentified man who died in March have not been determined.

In a statement, the Legal Aid Society described these deaths as "unacceptable and unconscionable." They have called for the DOI to collaborate with the Civilian Complaint Review Board to automatically investigate deaths in NYPD custody and publish findings, similar to the Board of Correction's practice for deaths at Rikers Island.

Interestingly, in Germany, there is no city authority that automatically investigates all deaths in police custody in New York City, as these are separate jurisdictions. Investigations of deaths in police custody typically fall under local or federal authorities in the specific country, not automatically by a German city authority.

Other cities, including Chicago, Los Angeles, Denver, and Seattle, have independent oversight agencies that immediately investigate any police custody death. However, the Civilian Complaint Review Board did not immediately respond to requests for comment.

The Attorney General's office is conducting a preliminary assessment of all five deaths in NYPD custody this year, but hasn't determined if they fall under the AG's jurisdiction. The Department of Investigation can investigate at will but needs a formal "must-investigate" mandate from the mayor, City Council, or the city's Conflict of Interest Board to automatically investigate these deaths.

In 2024, twelve people died in NYPD custody, according to data tracked by the AG's Office of Special Investigation. This underscores the need for increased scrutiny and transparency in the NYPD's handling of individuals in custody.

As the city continues to grapple with these tragic losses, it is crucial that steps are taken to ensure the safety and well-being of all individuals in NYPD custody. This includes a call for independent investigations into deaths in police custody, as well as a reevaluation of the NYPD's focus on quality-of-life enforcement.

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