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Fatal Shooting of Ramarley Graham Closes: Investigation into NYPD Shooting Yields No Federal Charges
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Ramarley Graham. Mr. Graham was killed during an encounter with police officers from the New York City Police Department on February 2, 2012.
At approximately 2:00 p.m. on February 2, 2012, two members of a team of NYPD police officers from the Street Narcotics Enforcement Unit began conducting surveillance of a bodega on White Plains Road in the Wakefield section of the Bronx. At approximately 2:45 p.m., the NYPD officers observed Ramarley Graham and two other individuals open the door to that bodega, walk in, and then immediately walk out.
Video evidence from a nearby business shows Mr. Graham adjusting the front of his pants as he walked northbound on White Plains Road near the bodega. The two police officers conducting surveillance informed investigators that, after observing these actions, they transmitted over the police radio a description of Mr. Graham and his companions to the other members of the SNEU team, and further informed the SNEU team that Mr. Graham possibly had a firearm.
After conducting a thorough and independent investigation, the U.S. Attorney’s Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution. To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids.
The U.S. Attorney met today with Mr. Graham’s family and their representatives to inform them of this decision. The evidence from the investigation reveals that neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation.
Mr. Graham was 18 years old at the time of his death. The U.S. Attorney’s Office conducted a thorough and independent investigation into the circumstances surrounding his death. The investigation revealed that Ramarley Graham was shot by NYPD Officer Richard Haste, who had not previously observed Mr. Graham and had not had any prior direct interaction with him.
The U.S. Attorney’s Office concluded that the evidence does not support a finding of deliberate and specific intent on the part of Officer Haste or any other law enforcement officer involved in the incident. The U.S. Attorney’s Office will continue to work closely with the NYPD to ensure that the department’s policies and procedures are in place to prevent such incidents from occurring in the future.
Key Facts
- State: New York
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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