New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report regarding the death of Jose Mejia Martinez, who died on June 10, 2021, while incarcerated at the George R. Vierno Center on Rikers Island. The investigation included reviews of Department of Correction (DOC) staff incident reports, security camera footage, witness interviews, and legal analysis.
The OSI concluded that there is insufficient evidence to prove beyond a reasonable doubt that the correction officer assigned to Mr. Mejia Martinez's unit committed a crime. Therefore, criminal charges will not be pursued.
On the day of his death, Mr. Mejia Martinez was observed in a severely disoriented state by the correction officer. Despite witnessing two inmates assisting him into his cell at 12:11 p.m., the officer did not call for medical help or take any other action such as administering Narcan.
The officer continued periodic checks on Mr. Mejia Martinez until 3:05 p.m., while other inmates also monitored his condition. At 3:38 p.m., they expressed alarm and informed the officer, who then found Mr. Mejia Martinez unresponsive and activated a medical emergency. Medical assistance began at 3:44 p.m., but he was declared dead at 4:39 p.m. A fatal dose of Methadone was found in his blood.
OSI determined that the correction officer's failure to act constituted an omission that contributed to Mr. Mejia Martinez's death under Executive Law Section 70-b. However, New York law requires proof beyond a reasonable doubt that this omission caused the death for criminally negligent homicide charges.
The medical examiner indicated that administering Narcan could have increased Mr. Mejia Martinez’s chances of survival but did not confirm it would have saved his life. Consequently, OSI concluded that it cannot be proven beyond a reasonable doubt that the officer's inaction directly caused Mr. Mejia Martinez's death.