| Ramarley Graham
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Family Of Ramarley Graham, Bronx Teen Killed By NYPD, Fills Courtroom As Judge Clears Way For Civil Case
Posted:
Updated:
By Jeff Mays
U.S. DISTRICT COURT — The family of Ramarley Graham, the unarmed
teen gunned down by police in his own home, hope that a federal civil
suit will offer a second chance at justice that was denied when the
criminal case against the police officer who shot Graham fell apart.
The lawsuit, and another filed by Graham's neighbor who was
threatened by police just before the shooting, was cleared to proceed by
U.S. District Court Judge P. Kevin Castel Tuesday. Both suits name
former Police Commissioner Raymond Kelly and the NYPD as defendants.
"[Officer] Richard Haste should have been indicted," said Ramarley Graham's
mother Constance Malcolm, referring to the officer who fired the fatal
shot at her son almost two years ago. "The courtroom today was packed,
which shows people want to see justice done."
On Feb. 2, 2012, officers from a special narcotics unit chased
Graham, 18, from White Plains Road and East 228th Street to his home at
749 E. 229th St. in Wakefield because officers investigating a drug deal
believed Graham had a gun in his waistband.
Officers chased Graham into his home, and Officer Richard Haste
fatally shot the teen once in the chest in the bathroom. Police say they
recovered a small bag of marijuana in the toilet. No weapon was found.
An initial indictment for manslaughter against Haste was dismissed by Supreme Court Justice Steven L. Barrett
on May 15 after he ruled that the Bronx D.A. made an error in
instructing the grand jury not to consider the fact that other officers
told Haste that Graham had a gun.
Bronx District Attorney Robert Johnson brought the case before a second grand jury. On Aug. 7 it was revealed that the new grand jury did not indict Haste. Sources say the officer gave more emotionally compelling and precise testimony than during the first grand jury hearing.
After the grand jury decision, the U.S. Attorney's Office announced that it would review whether Haste violated Graham's civil rights in the shooting death. That review is still pending, Graham attorney Royce Russell told Castel.
Also pending is the NYPD Internal Affairs Bureau review of the
shooting which could determine whether the city also must represent
Haste, said the officer's attorney.
Graham's family aren't the only people filing a lawsuit related
to the incident that day. Attorney Andrew Hoffman represents Paulet
Minzie, the owner of the building where Graham lived as well as her
8-year-old grandson Jyevion Dixon and his father Eric Dixon.
Hoffman alleges that Haste and other officers began pounding on
the back door after Graham entered the home. He claims police pointed a
gun at the 8-year-old to gain entry to the building and also at the
boy's father and Minzie who had exited the shower with just a towel
covering her when she heard a commotion.
Hoffman claims that police pointed a gun at Minzie causing her to
drop her towel, exposing herself to the male officers and also to
urinate on herself. They are suing the city for warrantless entry and
trespassing among other claims.
"Officer Haste put his gun in the face of this 8-year-old child and ordered him outside," said Hoffman.
Castel ordered that the two cases proceed on the same discovery
schedule. He also suggested mediation as a possible resolution to the
Minzie case and possibly the Graham case. All parties are due back in
court on Aug. 1.
"You can never fully compensate someone for the loss of their
child," Russell said. "New York City and the police department officials
above Richard Haste need to be held accountable for allowing this
tragedy to take place."
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|
Ramarley Graham Case: Judge Tosses Indictment Against Richard Haste, NYPD Cop Who Killed Bronx Teen
Posted: 05/15/2013 12:06 pm EDT | Updated: 05/15/2013 12:17 pm EDT
ABC reports the judge said an assistant district attorney made an accidental mistake when presenting the manslaughter charges against Officer Richard Haste to the grand jury in the death of 18-year-old Ramarley Graham.
"This is an outrageous miscarriage of justice and an insult to the family and supporters of Ramarley Graham," Reverend Al Sharpton said in a statement. "We demand that a new Grand Jury is convened immediately and that the case is re-presented. We will be rallying and planning direct action at National Action Network’s Saturday action rally. The family will be present."
And Frank Graham, father of the slain teen, said they'd keep fighting for justice.
“If it means going back to the grand jury or if we have to ask the federal court to deal with this case; we are going to keep fighting no matter what,” he said in a statement. “Where ever it leads us we will go there. We will never stop until justice is served in this case, until Richard Haste goes to prison for murdering our son. If we start over, we will start stronger!”
According to ABC, prosecutors will get another chance to present the case to a grand jury.
In February of 2012, Haste and his partner followed Graham into his grandmother's apartment where Graham was attempting to flush a bag of marijuana down the toilet. Haste fatally shot Graham, who was unarmed, in the chest. The officers did not have a warrant to be inside the home.
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