BUFFALO, N.Y. (WKBW) — New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Shaun Humphrey, who died on August 15, 2023, after an incident at the Erie County Holding Center on August 8, 2023.
According to the AG, an investigation into the incident included:
- Interviews with involved officers and medical professionals
- Review of body-worn camera (BWC) footage and hospital records
- Comprehensive legal analysis
The AG said that following the investigation, the OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officers committed a crime and that criminal charges are not warranted.
According to investigators, on August 8, 2023, Humphrey was in custody at the holding center and was placed in a pre-classification cell, which was also a detoxification unit with constant observation. A deputy saw Humphrey display seizure-like behavior and roll off his bed and onto the floor and called medical assistance. Medical staff responded and began providing aid, including two doses of Narcan. Investigators said that after the second dose of Narcan, Humphrey became physically combative, deputies attempted to restrain him and a struggle ensued. After Humphrey was in handcuffs, deputies rolled him onto his side, and Humphrey appeared calm and to be breathing normally, but after a minute and a half, he became combative again. Deputies attempted to put shackles on Humphrey’s legs, and a few moments later he became unresponsive.
Investigators said Humphrey was removed from his cell and deputies and medical staff provided life-saving measures, including CPR, before he was taken to a local hospital. Humphrey was pronounced dead on August 15, 2023.
The AG said the following in a release on the investigation:
"In New York, proving criminally negligent homicide or manslaughter in the second degree requires proving beyond a reasonable doubt that a person caused a death when they failed to perceive (criminally negligent homicide) or disregarded (manslaughter in the second degree) a substantial and unjustifiable risk that death would occur; that failing to perceive or disregarding the risk was a gross deviation from a reasonable person’s standard of care; and that the person engaged in blameworthy conduct. In this case, Mr. Humphrey became combative when medical staff administered Narcan and needed to be restrained to receive further care. The OSI’s investigation does not indicate that the restraint was excessive or that the deputies administered blows or held Mr. Humphrey in a prone position longer than necessary to get him restrained. The deputies said that when they noticed Mr. Humphrey was unresponsive, all efforts to restrain Mr. Humphrey ceased and medical staff immediately initiated life-saving measures.
In this case, the evidence does not establish beyond a reasonable doubt that the deputies’ conduct was a gross deviation from the standard that would have been observed by a reasonable person in the same circumstances. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges."
