New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of Elijah Muhammad, who died on July 10, 2022, while incarcerated in the George R. Vierno Center (GRVC) on Rikers Island. Following a comprehensive investigation, including a review of Department of Correction (DOC) staff incident reports and security camera footage, witness interviews, and legal analysis, OSI concluded that criminal charges would not be pursued.
At 3:00 p.m. on July 10, 2022, the correction officer assigned to Mr. Muhammad’s unit observed him in a severely disoriented state. Mr. Muhammad had difficulty keeping his eyes open and standing upright, eventually slumping to the floor. Despite being alerted by other incarcerated individuals in the housing unit, the correction officer did not call a medical emergency or take other actions such as administering Narcan.
The officer continued to check on Mr. Muhammad periodically for two hours until 5:13 p.m., sometimes stepping into his cell. However, there was no further check until 9:43 p.m.
Other individuals housed in Mr. Muhammad’s unit checked on him throughout the evening and grew increasingly alarmed by what they saw through his cell window around 8:00 p.m., leading them to knock on and kick at his door. At 9:43 p.m., the correction officer found Mr. Muhammad unconscious, cold, and foaming at the nose. The officer sought assistance from another correction officer; together they moved Mr. Muhammad out of his cell to begin rendering aid and called for medical staff who then summoned emergency medical services. Mr. Muhammad was declared dead at 10:30 p.m., with a fatal dose of Fentanyl found in his blood.
Following an initial assessment of the incident, OSI determined that the failure of the correction officer to call a medical emergency or provide immediate aid qualified as an omission that contributed to Mr. Muhammad’s death under Executive Law Section 70-b.
Under New York law, proving criminally negligent homicide as an omission requires demonstrating beyond a reasonable doubt that the omission caused death. The medical examiner noted that while providing Narcan might have increased Mr. Muhammad’s chance of survival when he was first observed disoriented or during subsequent checks, it could not be guaranteed it would have saved his life. Consequently, OSI concluded that although the correction officer's failure contributed to Mr. Muhammad's death, it could not be proven beyond a reasonable doubt that this failure caused his death.