MAYOR DE BLASIO AND ATTORNEY GENERAL SCHNEIDERMAN: $10 MILLION FROM TAX PROGRAM CRACKDOWN WILL SPUR NEW AFFORDABLE HOUSING FOR HUNDREDS OF FAMILIES

Nearly $10 million recouped by Attorney General from bad actors violating tax programs

City announced first installment will support 600 affordable apartments for formerly homeless, seniors and people with mental health needs

Mayor Bill de Blasio and Attorney General Eric T. Schneiderman today announced the initial financing for nearly 600 new affordable apartments across the city, paid for by $10 million in settlements with property owners who violated the law. The new homes will serve formerly homeless New Yorkers, low-income families, veterans, seniors and people with mental health and substance abuse challenges.

The settlement money results from investigations spearheaded by the Attorney General into abuses of tax incentive programs. The $9.8 million includes restitutions paid by owners who failed to provide the rent-regulated leases their tenants deserved, violated tenant rights laws and denied service workers the required prevailing wage.

“The Attorney General and the City are cracking down on bad actors, and we’re putting the proceeds to work, building more affordable housing. Today, we’re announcing that hundreds of families in need will have a home they can afford. And our seniors, and people with mental health and substance abuse challenges, will have specialized housing with services to meet their needs,” said Mayor Bill de Blasio.

“New York has always been, and must remain, a city for working people,” said Attorney General Eric T. Schneiderman. “For more than two years, my office has been investigating unscrupulous building owners who have been abusing the law to unfairly take millions in tax exemptions from programs intended to help everyday New Yorkers. Today, we turn the proceeds of those investigations into real housing relief for our communities. I am proud to stand with Mayor de Blasio to announce another important step toward our shared goal of all New Yorkers having a safe, affordable place to call home.”

The joint investigations began in 2014, uncovering violations of tax exemption and abatement programs, including illegal deregulation of rent-stabilized units, violations of tenant right laws, and failure to provide rent regulated leases. This included restitution paid by 23 property owners for their failure to register apartments with the State’s Department of Homes and Community Renewal (HCR) and/or to comply with 421-a prevailing wage requirements for service workers in over 31 New York City properties. In addition to the payment of restitution and as part of the legal case against them, the landlords were required to properly register their properties and to provide tenants with proper regulated leases.

Today’s announcement dedicates about one half of the $9.8 million to four supportive housing projects, with the remainder to be allocated in the months ahead. Ultimately, the settlement funding could help finance more than 1,000 affordable apartments. The total amount for each project will be determined as their financing deals are secured:

The four projects identified so far are:

Institute for Community Living (ICL)

Set for construction in 2017, The Institute for Community Living (ICL) is planning to develop a supportive housing project with 129 affordable apartments for formerly homeless individuals and families in Boerum Hill, Brooklyn. The apartments are expected to be affordable to households earning up to $16,335 for an individual, and $20,979 for a household of three; or up to $22,385 for an individual, and $28,749 for a household of three.

The Bridge

The Bridge, a non-profit organization dedicated to mental health and housing solutions, will build a new affordable housing project with 59 apartments for formerly homeless veterans in the Melrose neighborhood of the Bronx. Future residents’ incomes are not expected to exceed $30,250. Rental payments are expected to be subsidized by Project-based Section 8 or HUD-VASH vouchers.

HANAC

HANAC, Inc. will build a low-income senior development with a total of 68 affordable apartments in Corona, Queens. The development will be affordable to seniors earning no more than $30,250 for an individual, and will include intergenerational programming such as an on-site management office and a social service office to assist residents.

Kenmore Hall

Housing and Services, Inc. (HSI) will rehabilitate Kenmore Hall, a supportive housing development in Gramercy Park, Manhattan with 326 affordable apartments for residents who earn an annual income of no more than $36,300 for an individual. HSI's mission is to end chronic homelessness, prevent displacement for those at risk and improve housing conditions for the marginalized through the development and management of permanent supportive housing, collaborations with other community groups, and preservation initiatives to safeguard NYC’s existing affordable housing stock.

“The City is committed to ensuring that owners and landlords who accept tax benefits are complying with their obligations. It is fitting that the money restored from those who would try to evade their responsibilities will now be used to create and preserve affordable housing for some of the most vulnerable New Yorkers. We are pleased that these funds will kick-start the development of supportive and senior housing here in Brooklyn, and in neighborhoods across the City. I want to thank Attorney General Schneiderman for his leadership of this ongoing multi-agency enforcement effort, and his support in bringing online new homes and services for families and individuals looking to secure a more promising future,” said Housing Preservation and Development Commissioner Vicki Been.

“It is both just and right to use funds collected from landlords who violated the law to create affordable housing for the most vulnerable New Yorkers,” said Human Resources Administration Commissioner Steven Banks. “I thank Attorney General Schneiderman and all those involved in this multi-agency effort that will allow 600 families in need to enjoy safe and permanent housing.”

Brooklyn Borough President Eric L. Adams - Celebrate Women's History Month

We celebrate the women of Brooklyn everyday, but during the month of March we take special care to acknowledge the many contributions, sacrifices, and successes they bring to our borough.  

Please join Council Member Laurie A. Cumbo, chair of the Committee on Women's Issues, along with the women of Brooklyn Borough Hall and me, for a full day of events onTuesday, March 29th in recognition of Women's History Month.  

The day begins at 9:00 AM, with a panel discussion focused on the life cycle of a woman's health, followed by workshops and resources for women from 12:00 PM to 2:00 PM.  The day culminates with a "Beauty, Brains and Business" career panel and networking event, featuring a "Networking Challenge," so bring your business cards!  Click here to RSVP.

Plan to visit all day or for any part of the festivities. It's all about the women who make up One Brooklyn!

-Eric

COMPTROLLER STRINGER CLAIMSTAT ALERT: CLAIMS, JUDGMENTS AND SETTLEMENTS AGAINST DEPARTMENT OF CORRECTION CONTINUE TO SKYROCKET

Claims have risen 27 percent between FY 2014 and FY 2015 and 172 percent since FY 2009 Settlements and judgments spike by more than 66 percent from FY 2014 to FY 2015

  A new ClaimStat Alert released today by New York City Comptroller Scott M. Stringer found more than 2,800 Personal Injury Correctional Facility claims were filed against the City in Fiscal Year (FY) 2015, a 27 percent increase from FY 2014 and a rise of 172 percent since FY 2009. The Comptroller’s report also found that settlements and judgments arising from this type of claim rose 66 percent in FY 2015 to $13.1 million and detailed trends among specific facilities at Rikers Island.

“We have a humanitarian crisis on our hands at Rikers that is hurting both inmates and Corrections Officers, and we have an obligation as a City to confront suffering and violence in our jails,” Comptroller Stringer said. “Eighteen months ago, my office showed that claims and settlements were skyrocketing at Rikers and today, we’ve found that these trends have significantly worsened. We cannot accept these increases as inevitable – we need to  reduce claims filed against the City and take action to ensure a safe environment for all.”

The new ClaimStat Alert analyzed Personal Injury Correctional Facility claims (“claims”) against the New York City Department of Correction (DOC) and settlements and judgements related to these claims between Fiscal Year 2009 and 2015.

Findings include:

Personal Injury Correctional Facility Claims Surge

• In Fiscal Year 2015, 2,846 claims were filed against the DOC, representing an increase of 27 percent between 2014 and 2015, continuing a recent upward trend.
• Over the last seven fiscal years, the number of claims filed jumped 172 percent, climbing from 1,047 claims in FY 2009 to 2,846 claims in FY 2015.
• As of February 2016, preliminary FY 2016 data show a 39 percent increase in the number of claims filed as compared to the same period in FY 2015.

Soaring Costs of Settlements and Judgments

• New York City paid $13.1 million in FY 2015 in settlements and judgments for Personal Injury Correctional Facility claims, a 66 percent increase from FY 2014 and a 122 percent increase since 2009.

Rikers Island’s Problems Persist

• Eight of the ten facilities with the most claims are on Rikers Island.
• For the seventh year in a row, Rikers’ Anna M. Kross Center has the most claims (593).
• The site with the greatest percentage increase in claims between FY14 and FY15 was Rikers’ North Infirmary Command, which saw claims rise by 170 percent.

In July 2014, Comptroller Stringer launched ClaimStat, a data-driven tool designed to drive down the cost of judgments and settlements by empowering City agencies to reduce claims through changes in training or resource delivery.  Over the last two years, Comptroller Stringer has published several reports about Rikers Island, including a ClaimStat Alert in August 2014 and an analysis in October 2015 detailing how the cost per inmate in the City’s jails has increased even as violence has grown. In November 2015, Comptroller Stringer became the first Citywide elected official to call for the closure of Rikers Island.

“If we are going to live up to our reputation as a City that treats all people with dignity and respect, we must have a criminal justice system that is fair and functional.  Reducing violence in our City jails must be a top priority. We stand ready to work with the Department of Correction to leverage this data in real time to protect inmates, guards and taxpayer dollars,”  Stringer said.

To see the full 2016 ClaimStat Alert on the Department of Correction, please click here.

KLEIN, AVELLA JOIN LAWMAKERS & ALUMNI TO LAUNCH PROPOSAL TO INCREASE DIVERSITY IN SPECIALIZED HIGH SCHOOL ENROLLMENT

Proposal will increase access to resources from an early age to ensure every child has access to educational enrichment opportunities

Independent Conference Leader Jeff Klein, State Senator Tony Avella, Assemblyman Jeffrey Dinowitz, and Assemblyman Walter Mosley joined alumni groups and advocates to launch a new proposal to increase diversity in the New York City Specialized High Schools’ student admission.

In a proposal released today, “New York City Specialized High Schools Diversity Initiative and Gifted and Talented Program Expansion,” the Independent Democratic Conference laid out a four-step plan to increase diversity in the schools’ enrollment by increasing resources for underrepresented groups at the elementary and middle school levels.

“A Specialized High School might be a great fit for so many of New York City’s underrepresented students, but we will never know if we don’t ensure that every student has the resources to prepare and apply. While studies have shown that changing the admissions process will not increase diversity, we know that increasing access to resources from an early age will. Our proposal will provide outreach coordinators, establish test prep programs in every school district, implement a Middle School Pipeline program at every Specialized High School, and increase the Gifted and Talented programs available to all. By providing resources to these students early, and continuing throughout middle school, we can ensure that every child in the New York City public school system has the same opportunity to learn, grow, and potentially enroll in these prestigious schools,” said Senator Klein.

“Bridging the deep diversity gap that exists in our schools starts with strengthening our students' foundations. Studies have shown that simply changing the admissions process would do nothing to address the lack of diversity at our city's most prestigious schools. With this four-step proposal, we will improve outreach to underrepresented schools, expand Gifted and Talented programs, unburden parents of costly test preparation programs by making them available in every district and implement Middle School Pipeline programs which have already been proven effective. This more than just checking off a box, this is the opportunity to ensure that every student has an opportunity to enter one of these esteemed schools,” said Senator Avella.

The proposal details the disproportionately low number of black and Latino students that apply for and enroll in the New York City Specialized High Schools every year. In a review of the rising population of eighth graders from 2005 to 2013, despite the fact that black and Latino students made up a majority of eighth graders - 71.6 percent - they made up only 52 percent of students who take the Specialized High School Admission Test.

Of the students who were offered a seat at one of the Specialized High Schools from 2005 to 2013, black and Latino students comprise only 16.1 percent, with white students comprising 29.1 percent and Asian students comprising 54.2 percent. In the most recent data released by the Department of Education, while 19 percent of all test-takers were offered a spot, only 3 percent of black students and just over 5 percent of Latino students were admitted.

The proposal found that many students advance to a Specialized High School from a feeder middle school - a school that prepares its students for admissions - and that 42 percent of those schools have a Gifted and Talented program to enrich their high-achieving students. However, the school districts with the highest concentration of black and Latino students also had the lowest number of schools with Gifted and Talented programs. Shockingly, the two school districts in The Bronx with high concentrations of black and Latino students had no Gifted and Talented program at all.

Senators Klein and Avella laid out a four-step proposal to tackle New York City’s Specialized High Schools increasing diversity problem.

While information about the schools is made available to the public, middle school administrators and teachers play a significant role in informing and encouraging students. To ensure that every student is encouraged to apply, regardless of their middle school, the IDC proposes investing $350,000 to provide an outreach coordinator at every Specialized High School. The outreach coordinator would contact underrepresented middle schools and families in order to increase the number of applicants coming from those groups.

Students who are ultimately offered a spot at one of these coveted schools typically go through extensive preparation to take the exam, starting as early as the sixth grade. However, test preparation can be expensive and unaffordable for many low-income families. The IDC would dedicate $1 million to establish test preparation programs in every school district, to ensure that every student has equal access to a rigorous preparatory program.

The Brooklyn Tech Alumni Foundation/National Grid STEM program currently provides STEM instruction and test prep to students from underrepresented middle schools in Brooklyn, and has played a significant role in helping black and Latino students secure spots. The IDC proposal would replicate this successful program, and establish a Middle School Pipeline program with instructional and test prep components. By securing funding of $1.28 million, this program would run Monday through Thursday, for five weeks, with extensive Saturday test preparation, and ultimately provide a direct pipeline into a specialized school for underrepresented middle schools students.

High-performing elementary and middle schools with Gifted and Talented programs ultimately serve as the best preparation for admissions to the Specialized High Schools. However, access to these programs is shockingly absent among underrepresented groups. The IDC would invest $2.55 million to increase the number of elementary and middle school Gifted and Talented programs in low-income neighborhoods throughout New York City.

“The underrepresentation of some minority groups in New York’s Specialized High Schools is indicative of a larger set of challenges facing this city’s educational system that begin as early as kindergarten or before for many students. While some have advocated for a more complex admissions process, they are in reality doing a disservice to the students they want to help, and to the premise of objectivity upon which these specialized schools were founded. I strongly oppose making any changes to the SSHAT. I am proud to support this proposal, which would provide funding for students to take free test preparation classes, in addition to investing in outreach coordinators at each of the specialized high schools will be effective in raising the numbers of potentially qualified minority applicants attending these schools, while maintaining the schools’ academic integrity,” said Assemblyman Dinowitz, a Bronx Science Alum.

“I applaud the IDC for implementing this diversity initiative for New York City Specialized High Schools. Assembly member Jeffrey Dinowitz and myself have championed this proposal to the Speaker of the Assembly as well. We must expand the programs that prepare our youth to take the Specialized High School Admission Test. As a member of the Board of Regent’s blue ribbon panel on improving outcomes for boys and young men of color, we highlighted the need for more programing to prepare them to compete for positions that Specialized high schools in New York City in a report issued last year. I look forward to working with my colleagues in government to push this initiative and it a  reality,” said Assemblyman Walter T. Mosley.

8th Annual 5K run/walk at the Bronx Zoo

WCS Run for the Wild is presented by Con Edison

The Wildlife Conservation Society

Reboots Annual WCS Run for the Wild^tm

With New Prizes and Race Day Activities

8^th Annual 5K run/walk is dedicated to saving wildlife

Runners/walkers can run on behalf of any species that inspires them

New fundraising prizes include a chance to win

a South Pacific cruise and VIP Yankees tickets

All new race day activities include

beer garden, rock climbing wall, silent disco, face painting, and more

#RunForTheWild

Event date:

Saturday, April 30, 2016

at WCS’s Bronx Zoo

Registration open at

www.wcsrunforthewild.com

Bronx, N.Y. – March 7, 2016 – The 2016 WCS Run for the Wild is scheduled for Saturday, April 30. Runners, walkers, and wildlife supporters are invited to participate in the 8^th annual 5K race and family fun run/walk at the Bronx Zoo.

Each year, WCS Run for the Wild is committed to raising awareness of the threats facing wildlife while raising money to help WCS conservation work at the Bronx Zoo and around the world. This year runners and walkers can choose to participate on behalf of whatever species most inspires them. Since its inception in 2009, more than 40,000 people have participated.

Registration is now open and there are many ways to participate. Visit www.wcsrunforthewild.com to register for the run or family fun walk; make a donation; or support a friend or team.

The new line-up of fundraising prizes include entry into a drawing for a chance to win a seven-night cruise for two in Tahiti and the Society Islands, courtesy of Paul Gauguin Cruises* (entries accepted now through April, 3), and keep an eye on the website for other prize drawings including VIP tickets to see the New York Yankees, courtesy of Modell’s Sporting Goods.

Registration for the run is $45 for adults, $35 for children (3–15), and $35 for seniors (65+). All WCS members receive a discount on registration. Participants are encouraged to seek individual sponsors for their run/walk, and all adult (and senior) participants are required to raise a minimum of $30 in order to participate. The WCS Run for the Wild is expected to sell out, so runners and walkers are encouraged to sign up early.

The price of registration includes parking and general admission to the Bronx Zoo on the day of the event. Total Experience Ticket upgrade is available on site.

Registrants can choose from two different events. The 5K run for individual runners will begin at 8:00 a.m.; casual runners and walkers can take part in the Family Fun Run/Walk at 8:45 a.m.

After the run, everyone is encouraged to stay at the Bronx Zoo to enjoy the wildlife for the rest of the day. This year’s run features an entirely new line-up of race day activities. Enjoy a local microbrew at the beer garden (age 21 and above); burn off some extra energy on the all new rock climbing wall; or grab a set of headphones and enjoy the silent disco on the Bronx Zoo’s historic Astor Court. A full listing of race day activities is available at www.wcsrunforthewild.com.

The zoo’s marquee exhibits will be open for everyone to enjoy for the day. All are welcome to visit the Bronx Zoo’s animal ambassadors for extra inspiration and to learn about the conservation work WCS is doing to save wildlife and wild places around the globe. Exhibits like Tiger Mountain, Madagascar!, and Jungle World are just a few of the exhibits that will bring people face-to-face with some of the species that they are helping to save through their participation in or support of the WCS Run for the Wild.

In addition to the chance to win in drawings for the cruise, prizes will be awarded to those who meet various fundraising goals. For $30 in pledges, runners will earn a WCS Run for the Wild T-shirt; $75 earns a cheetah plush; $150 earns a tote bag; $300 earns a cooling towel; $600 earns a runner’s pack; $1,500 earns a VIP brunch. Each ascending incentive level achieved includes ALL prizes from the lower levels.

*NO PURCHASE NECESSARY. Sweepstakes begins 12:00 a.m. (midnight) ET on 3/5/16 & ends 11:59 p.m. ET on 4/3/16. Open only to legal residents of the 50 U.S. & D.C., 18 or older. Void where prohibited. See Official  Rules for full details, including eligibility, prize description, and limitations.

DOMESTIC VIOLENCE HOUSING DISCRIMINATION BAN & GREEN CONSTRUCTION BILLS PASS

 

The NY City Council passed two bills sponsored by Council Member Jumaane D. Williams

Today, the New York City Council voted to pass two bills sponsored by Council Member and Deputy Leader Jumaane D. Williams. The two bills included a Domestic Violence Housing Discrimination Ban, Intro 832 and a Green Construction bill, Intro 721. Domestic Violence Housing Discrimination Ban, Intro 832 Intro 832-A prohibits discrimination in housing accommodations on the basis of an individual's status as a victim of domestic violence. Victims of intimate partner violence frequently struggle with housing discrimination, including denial of new leases, refusal to renew leases, refusal of housing vouchers, evictions and being unable to temporarily leave their home to escape domestic violence. "Domestic violence continues to threaten the safety and lives of too many New Yorkers," said Council Member Williams. "Too often, victims of domestic violence are evicted or prevented from renting apartments simply because they have been abused - this is not only wrong, it's horrifying. Today, I am proud to stand with my colleagues as we pass intro 832 to make housing discrimination against victims of intimate partner violence illegal." New York City already has the strongest Human Rights laws in the United States. With the passage of this legislation, the New York City Council is expanding the law to protect domestic violence victims against housing discrimination. Between 2001 and 2012, there were 864 domestic violence homicides in New York City, eighty percent of which were women. The current administration is doing substantial outreach and domestic violence incidents, including homicides, are decreasing. But, domestic violence remains a serious problem. In 2014 alone, there were over 280,000 domestic incident reports.   Victims of intimate partner violence often struggle to find safe and affordable housing because landlords are quick to discriminate by denying new rental applications and evicting tenants. Nationally, 11 percent of evictions involved discrimination against domestic violence victims.   Today, New York City took an important step towards protecting all New Yorkers and ensuring that victims of intimate partner violence can more easily find safe housing. Green Construction, Intro 721 Intro 721-A, updates and strengthens the green building standards for certain city capital projects. The bill will increase the Leadership in Energy and Environmental Design, or LEED, green building rating which certain capital projects are required to achieve. "As climate change worsens, the amount of new construction in New York City continues to increase. We have an obligation to ensure that new buildings constructed by the city are environmentally friendly," saidCouncil Member Williams. "Intro 721, which I am proud to sponsor, requires city-owned buildings to meet stricter, expanded green building standards."    Under current law, most city capital projects are required to achieve a LEED version 3 rating level of Certified or Silver, depending on building type. Intro 721-A would require that such city capital projects achieve the more stringent LEED version 4 rating level of Gold. Additionally, the bill also renews and strengthens reporting requirements and expands the LEED certification requirements. The bill will affect city subsidized or funded capital projects which involve the construction of a new building, an addition to an existing building or the substantial reconstruction of an existing building, with an estimated cost of $2 million dollars or more. Residential buildings will be required to be designed and constructed to comply with an appropriate green building standard adopted by the Department of Housing Preservation and Development. The bill affords the Mayor the ability to establish alternative green building standards when it is in the public interest; so long as the certification is at least as or more restrictive than LEED Certified, and provided that, where such alternative standards are less stringent than the normally applicable standards, the Mayor or such agency reports the reasons such alternative standards are necessary.The bill also allows an alternative compliance path for buildings used for manufacturing. Outdoor assembly spaces and Group U occupancies, such as carports, have also been exempted. Most new city buildings and major retrofits will need to achieve LEED Gold and cut energy use in half. See more here.

WILLIAMS, GIBSON & LANDER RESPOND TO DOJ DECISION

 

STATEMENT FROM COUNCIL MEMBER JUMAANE D. WILLIAMS, DEPUTY LEADER, COUNCIL MEMBER VANESSA L. GIBSON, CHAIR OF THE COMMITTEE ON PUBLIC SAFETY & COUNCIL MEMBER BRAD LANDER, DEPUTY LEADER

We join with the Graham family and friends in expressing extreme disappointment in the USDOJ's decision not to prosecute the officers responsible for the shooting death of Ramarley Graham.  This is a heartbreaking setback in what has become a four year journey to justice for the Graham family.

Though we are frustrated justice has been delayed, we remain hopeful it will not be denied. The City can and must act. It is clear that someone who was unarmed was killed and to date no one has been held accountable. Thus, we call upon the Mayor and the Police Commissioner to launch an internal investigation into the circumstances surrounding Ramarley Graham's death and further urge the Mayor to honor the request for a meeting made by the Graham family over a month ago.

Though today's development has left us saddened and angry, we join with advocates, community leaders, and friends in remembering Ramarley's life rather than the tragedy of his death. We ask all New Yorkers join us in praying for peace and healing for the Graham family during this very difficult time.

U.S. Attorney’s Office Closes Investigation Into The Death Of Ramarley Graham

  Preet Bharara, the United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Ramarley Graham.  Mr. Graham was killed during an encounter with police officers from the New York City Police Department (“NYPD”) on February 2, 2012.  Mr. Graham was 18 years old at the time.  The U.S. Attorney met today with Mr. Graham’s family and their representatives to inform them of this decision.

After conducting a thorough and independent investigation, the U.S. Attorney’s Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.  To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids.  This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under the relevant state statutes.  Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation.

The evidence from the investigation reveals the following: At approximately 2:00 p.m. on February 2, 2012, two members of a team of NYPD police officers from the Street Narcotics Enforcement Unit (“SNEU”) began conducting surveillance of a bodega on White Plains Road in the Wakefield section of the Bronx.  At approximately 2:45 p.m., the NYPD officers observed Ramarley Graham and two other individuals open the door to that bodega, walk in, and then immediately walk out.  Video evidence from a nearby business shows Mr. Graham adjusting the front of his pants as he walked northbound on White Plains Road near the bodega.  The two police officers conducting surveillance informed investigators that, after observing these actions, they transmitted over the police radio a description of Mr. Graham and his companions to the other members of the SNEU team, and further informed the SNEU team that Mr. Graham possibly had a firearm.  The police officers then followed Mr. Graham and his companions as they continued walking north on White Plains Road, and then turned east on East 229th Street.  One of the NYPD officers conducting surveillance reported that, when Mr. Graham reached with his hands to pull at his belt, the officer observed the slide of a firearm tucked into the waistband of Mr. Graham’s pants.  According to the officers, his partner then transmitted over a non-recorded police channel that Mr. Graham had a firearm.  Upon hearing this transmission, the other members of the SNEU team, including NYPD Officer Richard Haste (who had not previously observed Mr. Graham and had not had any prior direct interaction with him), moved to intercept Mr. Graham as he walked eastbound on East 229th Street. 

Video evidence shows that Mr. Graham walked to 749 East 229th Street, which officers later learned to be Graham’s residence.  As Mr. Graham opened the front door, an unmarked police vehicle quickly pulled up and stopped near the front of the house.  As Officer Haste and another officer exited the vehicle, Mr. Graham looked in the direction of the officers and then quickly stepped inside the house and closed the front door.  Approximately five seconds later, Officer Haste ran up to the front door and found it locked.  He then unsuccessfully attempted to kick the door open.  Video evidence shows that Officer Haste proceeded to the back of the house in an attempt to gain entry and entered the house through the back.  Another officer followed him inside a few seconds later.  Video evidence shows that Officer Haste then opened the front door of the building from the inside of the house and let in two additional officers.  Officer Haste and another officer then climbed the stairs up to the second floor apartment. 

Inside that apartment were Mr. Graham, Mr. Graham’s grandmother, and Mr. Graham’s six-year-old brother.  One of the NYPD officers kicked open the door to Mr. Graham’s apartment.  The door to the apartment opened onto a hallway, leading to a living room at the end of the hallway.  The evidence establishes that Officer Haste advanced into the hallway of the apartment with his firearm drawn, where he encountered Mr. Graham.  According to Officer Haste, he gave commands to Mr. Graham to the effect of, “Police, show me your hands.”  Mr. Graham instead moved into an adjacent bathroom.  Officer Haste then advanced down the hallway to the doorway of the bathroom. 

At this critical moment in time, no other witness present in the apartment, including Mr. Graham’s grandmother, had a view of Mr. Graham.  According to Officer Haste, when he looked in the bathroom, he saw Mr. Graham facing him, with his hand in his waistband.  Also according to Officer Haste, Mr. Graham then made a motion as if he were pulling something out of his pants.  Officer Haste stated that he believed that Mr. Graham was reaching for the weapon that had been described in the earlier radio transmission, and that he fired one round from his weapon in response to a perceived deadly threat.  The bullet struck Mr. Graham, causing his death.  No gun was found at the scene.  A bag of marijuana was found in the toilet bowl next to where Mr. Graham was standing. 

In the context of this case, to establish a violation of federal law, the Department of Justice would have to establish beyond a reasonable doubt that, at the time of the shooting, Officer Haste lacked probable cause to believe that Mr. Graham posed a significant threat of death or serious physical injury to the officer or to others, and that he willfully deprived Mr. Graham of his right to be free from excessive force.  The weight of the evidence indicates that, at the time the shooting took place, Officer Haste believed Mr. Graham to be in possession of a firearm that was tucked into the waistband of his pants, for which Officer Haste believed Mr. Graham was reaching.  Although Officer Haste ultimately was proven to be mistaken in his belief, the determination as to the willfulness of his actions must be assessed in light of his knowledge at the time of the shooting.  

The investigation revealed no evidence to refute Officer Haste’s claim that he shot Mr. Graham in response to his mistaken belief that Mr. Graham was reaching for a gun.  The evidence that, before Officer Haste began to chase Mr. Graham, other officers reported over the police radio that Mr. Graham had a gun is unrefuted.  There are no witness accounts or physical evidence that materially contradict Officer Haste’s statement that Mr. Graham appeared to be pulling something from his waistband at the time of the shooting.  Nor is there any video of the shooting itself.  Accordingly, the Department of Justice could not conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation.

This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt.  The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence.

Accordingly, this Office’s investigation into Mr. Graham’s death has been closed.

Mr. Bharara expressed his deep sympathy to the family of Mr. Graham for their tragic loss.