SALEM, Mass. (AP) — The seven officers involved in the death of a 43-year-old man who became unresponsive and died as police tried to restrain him in a Boston suburb will not face criminal charges, Essex District Attorney Paul Tucker announced Tuesday.
“After a comprehensive review of the facts, applicable law, and the consideration of the opinion of a retained independent expert, it’s the view of my office and myself that criminal charges are not supportable and will not be pursued,” Tucker told reporters.
Francis Gigliotti died outside a Haverhill fish market on July 11 after walking into traffic during what his fiancee called a mental health crisis.
A lawyer for the family, Timothy Bradl, said they were “disappointed, but not surprised at such an outcome when law enforcement investigates itself within the same county.”
“We are proceeding ahead with full confidence in our position and will do everything we can to achieve justice and accountability for the Gigliotti family,” Bradl said.
Officers were not wearing body cameras. However, video captured by witnesses showed several officers holding Gigliotti face down as he cried out. The video did not show how long he was restrained or when he became unresponsive.
Seven officers were placed on leave while authorities investigated.
Other video obtained by Boston’s NBC10 showed Gigliotti falling onto the sidewalk as he left a store, then hitting his head on a parked car and weaving into traffic. Authorities said he was nearly struck several times.
On Tuesday, Tucker said Gigliotti’s death was caused by “cardiac dysrhythmia in a person with acute intoxication due to the combined effects of cocaine and ethanol while being restrained prone by police.”
Tucker said that the autopsy notably did not show any injuries to Gigliotti’s nose, throat, neck or back. Bruises were found on his arms and legs.
Instead, Tucker said that video and interviews showed that officers initially attempted to help Gigliotti when they found him walking erratically around traffic.
Officers didn’t restrain him until he tried to enter a seafood restaurant. Gigliotti was held on the ground for 2 minutes and 25 seconds, according to Tucker. When he became unresponsive, officers “tried Narcan, they initiated CPR, and at some point, the EMS crew took over,” Tucker said.
The U.S. Department of Justice has warned police officers since the mid-1990s to roll suspects off their stomachs as soon as they are handcuffed because of the danger of asphyxia.
Putting someone on their stomach is not inherently life-threatening. But many policing experts agree that someone can stop breathing if pinned on their chest for too long or with too much weight because it can compress the lungs and put stress on the heart.
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