3/8/2016

U.S. Attorneys Office Closes Investigation Into The Death Of Ramarley Graham | USAO-SDNY | Department of Justice

U.S. Attorneys Southern District of New York News Press Releases

Department of Justice
U.S. Attorneys Office
Southern District of New York
FOR IMMEDIATE RELEASE

Tuesday, March 8, 2016

U.S.AttorneysOfficeClosesInvestigationIntoTheDeathOf
RamarleyGraham
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 (NYPD) on February 2, 2012. Mr. Graham was 18 years old
at the time. The U.S. Attorney met today with Mr. Grahams family and their representatives to inform
them of this decision.
After conducting a thorough and independent investigation, the U.S. Attorneys 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. This is the highest standard of intent imposed by law, and is different from
and higher than the intent standard under the relevant state statutes. Neither accident, mistake, fear,
negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation.
The evidence from the investigation reveals the following: 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
(SNEU) 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. The police officers then followed
Mr. Graham and his companions as they continued walking north on White Plains Road, and then
turned east on East 229th Street. One of the NYPD officers conducting surveillance reported that,
when Mr. Graham reached with his hands to pull at his belt, the officer observed the slide of a firearm
tucked into the waistband of Mr. Grahams pants. According to the officers, his partner then
transmitted over a non-recorded police channel that Mr. Graham had a firearm. Upon hearing this
transmission, the other members of the SNEU team, including NYPD Officer Richard Haste (who had
not previously observed Mr. Graham and had not had any prior direct interaction with him), moved to
intercept Mr. Graham as he walked eastbound on East 229th Street.
Video evidence shows that Mr. Graham walked to 749 East 229th Street, which officers later learned
to be Grahams residence. As Mr. Graham opened the front door, an unmarked police vehicle
quickly pulled up and stopped near the front of the house. As Officer Haste and another officer
exited the vehicle, Mr. Graham looked in the direction of the officers and then quickly stepped inside
the house and closed the front door. Approximately five seconds later, Officer Haste ran up to the
front door and found it locked. He then unsuccessfully attempted to kick the door open. Video
evidence shows that Officer Haste proceeded to the back of the house in an attempt to gain entry
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3/8/2016

U.S. Attorneys Office Closes Investigation Into The Death Of Ramarley Graham | USAO-SDNY | Department of Justice

and entered the house through the back. Another officer followed him inside a few seconds later.
Video evidence shows that Officer Haste then opened the front door of the building from the inside of
the house and let in two additional officers. Officer Haste and another officer then climbed the stairs
up to the second floor apartment.
Inside that apartment were Mr. Graham, Mr. Grahams grandmother, and Mr. Grahams six-year-old
brother. One of the NYPD officers kicked open the door to Mr. Grahams apartment. The door to the
apartment opened onto a hallway, leading to a living room at the end of the hallway. The evidence
establishes that Officer Haste advanced into the hallway of the apartment with his firearm drawn,
where he encountered Mr. Graham. According to Officer Haste, he gave commands to Mr. Graham
to the effect of, Police, show me your hands. Mr. Graham instead moved into an adjacent
bathroom. Officer Haste then advanced down the hallway to the doorway of the bathroom.
At this critical moment in time, no other witness present in the apartment, including Mr. Grahams
grandmother, had a view of Mr. Graham. According to Officer Haste, when he looked in the
bathroom, he saw Mr. Graham facing him, with his hand in his waistband. Also according to Officer
Haste, Mr. Graham then made a motion as if he were pulling something out of his pants. Officer
Haste stated that he believed that Mr. Graham was reaching for the weapon that had been described
in the earlier radio transmission, and that he fired one round from his weapon in response to a
perceived deadly threat. The bullet struck Mr. Graham, causing his death. No gun was found at the
scene. A bag of marijuana was found in the toilet bowl next to where Mr. Graham was standing.
In the context of this case, to establish a violation of federal law, the Department of Justice would
have to establish beyond a reasonable doubt that, at the time of the shooting, Officer Haste lacked
probable cause to believe that Mr. Graham posed a significant threat of death or serious physical
injury to the officer or to others, and that he willfully deprived Mr. Graham of his right to be free from
excessive force. The weight of the evidence indicates that, at the time the shooting took place,
Officer Haste believed Mr. Graham to be in possession of a firearm that was tucked into the
waistband of his pants, for which Officer Haste believed Mr. Graham was reaching. Although Officer
Haste ultimately was proven to be mistaken in his belief, the determination as to the willfulness of his
actions must be assessed in light of his knowledge at the time of the shooting.
The investigation revealed no evidence to refute Officer Hastes claim that he shot Mr. Graham in
response to his mistaken belief that Mr. Graham was reaching for a gun. The evidence that, before
Officer Haste began to chase Mr. Graham, other officers reported over the police radio that Mr.
Graham had a gun is unrefuted. There are no witness accounts or physical evidence that materially
contradict Officer Hastes statement that Mr. Graham appeared to be pulling something from his
waistband at the time of the shooting. Nor is there any video of the shooting itself. Accordingly, the
Department of Justice could not conclude or prove beyond a reasonable doubt that there was a
federal criminal civil rights violation.
This Office analyzed these issues under the standard applicable to criminal cases, which is proof
beyond a reasonable doubt. The Office expresses no view regarding any claims made against any
party under the standard applicable to civil cases, which is proof by a preponderance of the evidence.
Accordingly, this Offices investigation into Mr. Grahams death has been closed.
Mr. Bharara expressed his deep sympathy to the family of Mr. Graham for their tragic
loss.
16-047
USAO - New York, Southern
Updated March 8, 2016

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