As New Yorkers and their elected officials express outrage over the fatal police shooting of a 66-year-old schizophrenic woman, New York Attorney General Eric Schneiderman announced that his office will not conduct its own investigation. In a statement, Schneiderman said, "I believe there is no question this case must be investigated. However, the legally empowered prosecutor must take the lead. After reviewing the available facts and evidence, our Special Investigations and Prosecutions Unit has determined that this incident falls beyond my office’s jurisdiction under the Governor’s Executive Order No. 147, which grants my office jurisdiction only under limited circumstances."
Police were called to Deborah Danner's apartment at 630 Pugsley Avenue in the Bronx on Tuesday night. Danner, whose mental illness prompted regular visits from the police, was allegedly holding scissors, which NYPD sergeant Hugh Barry convinced her to put down. But, the NYPD says, then Danner picked up a baseball bat and swung it at Barry, who shot her twice with his service gun. Barry had a Taser, which was not used.
"Ms. Danner's death is a tragedy that never should have happened," Schneiderman said. "From the moment my office received the news, our Special Investigations and Prosecutions Unit commenced a rigorous review of the evidence."
In 2015, after the Staten Island DA was unable to indict the police officer who choked Eric Ganer to death, Governor Andrew Cuomo issued an executive order for a special prosecutors in certain police killings of civilians. The order applies to unarmed civilians.
"It is vital to note that this jurisdictional determination has no legal impact whatsoever on the ultimate question of whether or not a crime was committed, or whether the officer involved should be prosecuted. That determination rests with the Bronx District Attorney’s office, which we expect will conduct a full and fair investigation," Schneiderman explained. "We will continue to monitor the situation."
Bronx Borough President Ruben Diaz Jr., who called for Schneiderman to investigate Danner's death, said, "Attorney General Schneiderman’s review of the statute finds that his office does not have jurisdiction over the incident. Attorney General Schneiderman’s commitment to justice is unquestioned, and I appreciate his swift review of this case. Moving forward, I have the utmost confidence in Bronx District Attorney Darcel D. Clark and her staff to conduct a thorough investigation of this shooting and the circumstances surrounding the death of Ms. Danner."
