New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of Michael Nieves, who died on August 30, 2022, following an incident on August 25, 2022, while incarcerated at the Anna M. Kross Center (AMKC) on Rikers Island. The investigation included a review of security camera footage, body-worn camera footage, shift logbooks, staffing schedules, witness interviews, and legal analysis. OSI concluded that criminal charges would not be pursued against the correction officers involved.
The report states that a prosecutor would not be able to prove beyond a reasonable doubt that the correction officers committed a crime. It recommends that the New York City Department of Correction (DOC) train all correction officers on proper wound care and establish clear requirements for providing immediate wound care to severely bleeding inmates.
On August 25, Mr. Nieves was issued a handheld razor for use in the shower. After his shower, he reported losing the razor. Correction officers searched his cell but did not find it. They later found Mr. Nieves bleeding profusely from what appeared to be his face or neck. Despite offering him materials to stem the bleeding and calling for medical assistance, details of his injury were not shared with medical staff who arrived unequipped for wound care.
Mr. Nieves was transported to the hospital where he was declared brain dead on August 26 and died on August 30.
OSI's investigation revealed conflicting information about whether correction officers are trained in wound care and highlighted gaps in current training protocols regarding severe wounds.
Under New York law, prosecuting criminally negligent homicide for an omission requires proving beyond a reasonable doubt that the officers knew waiting for medical staff would lead to death. The medical examiner noted earlier intervention could have improved Mr. Nieves' chances but surgery was necessary to definitively save his life.
The OSI concluded that while the failure to render aid contributed to Mr. Nieves' death, it could not be proven beyond a reasonable doubt that this failure caused his death.
The report recommends DOC amend its rules to require immediate treatment for severe bleeding without waiting for medical staff and ensure all correction officers are trained in proper wound care with necessary equipment available at command stations.