Attorney General James’ Office of Special Investigation Releases Report on Death of Michael Nieves

September 10, 2024

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Michael Nieves, who died on August 30, 2022 after an earlier incident that occurred on August 25, 2022 while he was incarcerated at the Anna M. Kross Center (AMKC) on Rikers Island. Following a comprehensive investigation, including review of security camera video, body-worn camera footage, shift logbooks, and staffing schedules, witness interviews, and legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt at trial that the correction officers staffed on Mr. Nieves' unit committed a crime, and therefore criminal charges would not be pursued. In its report, OSI recommends that the New York City Department of Correction (DOC) should train all correction officers on proper wound care and establish a clear requirement that correction officers should provide immediate wound care to incarcerated people who are severely bleeding.

On the morning of August 25, Mr. Nieves was issued a handheld razor for use in the shower. When Mr. Nieves was finished with his shower, the correction officer who issued the razor asked for it back, but Mr. Nieves said he had lost it. The correction officer called for the Captain, and together with another correction officer they searched Mr. Nieves' cell, as well as the cell of another person who had been in the showers at the same time. When they did not find the razor, the correction officers and the Captain returned to Mr. Nieves' cell, where they found him leaning against the wall surrounded by blood, and bleeding profusely from what appeared to be his face or neck. They offered Mr. Nieves a shirt and blanket to put pressure on the wound, but he declined. When asked whether he was bleeding from his head or his neck, Mr. Nieves said it was his neck. The Captain called for medical assistance, but did not share details of the injury, and medical staff were not equipped with gauze or other wound care materials when they arrived on the unit. Medical staff called 911 for emergency medical services, who then transported Mr. Nieves to the hospital. Mr. Nieves was declared brain dead on August 26, and died on August 30.

Following a preliminary assessment of the incident, OSI determined that the failure of the Captain and the correction officers to provide immediate aid to Mr. Nieves qualified as an omission, or failure to perform a duty imposed by law, which contributed to Mr. Nieves' death. Therefore, OSI conducted this investigation pursuant to Executive Law Section 70-b.

The OSI's investigation found conflicting information as to whether correction officers are trained in wound care, and it was not clear whether or not correction officers are trained to treat severe wounds themselves or to wait for medical staff to arrive. Currently, training requires correction officers to transport an incarcerated person to the clinic or otherwise wait for medical staff unless the person has stopped breathing, in which case the correction officer should provide CPR, or if the person is attempting suicide using a ligature, in which case the correction officer should cut or otherwise disable the ligature. The only specific reference to bleeding in correction officers' rules and regulations directs officers to bring someone who is bleeding to the clinic.

Under New York law, prosecuting criminally negligent homicide for an omission would require proving beyond a reasonable doubt that the correction officers and the Captain knew that waiting for medical staff to assist Mr. Nieves would lead to his death. In this case, the medical examiner determined that while stopping the bleeding earlier could have given Mr. Nieves a better chance at survival, surgery is the only intervention that would have definitively saved his life. The OSI concluded that although the correction officers' failure to render aid to Mr. Nieves contributed to his death, a prosecutor would not be able to prove beyond a reasonable doubt that this failure caused Mr. Nieves' death.

The DOC's rules and regulations do not clearly require officers to provide immediate care to people with severely bleeding wounds. The OSI therefore recommends that DOC amend its rules and regulations to make clear that correction officers are required to provide immediate treatment to severe bleeding without waiting for the arrival of medical staff, and that DOC should train all correction officers on proper wound care and stock command stations with the equipment necessary to safely provide that care.