New York’s attorney general has said a grand jury will be set up to investigate the death of Daniel Prude, a suffocating unarmed black man who was taken into custody by police.
Mr Manu was designed to protect police from the saliva of detainees after officers put him in a “spit hood” after Mr Proud died of health problems.
Protests erupted after footage of the incident in Rochester came out.
Seven police officers have been suspended.
An old 1-year-old woman died in March, although her death has only just been reported.
Attorney General Letia James said in a statement: “The Prude family and the Rochester community are going through a great deal of pain and suffering. My office fees will soon be directed to dismiss a grand jury as part of our full investigation into the matter.”
Rochester Mayor Lovely Werner and New York Governor Andrew Cuomo have welcomed the move. But a spokesman for the Rochester Police Department declined to comment.
Mr. Prude’s brother, J., told the New York Times: “I’m excited about this. But even now I’m waiting to see the charges and they will be prosecuted to the fullest extent of the law.”
What happened to Daniel Prude?
J said he called police on March 23 because Daniel showed severe mental health problems. When officers arrived, he ran through the streets naked.
In body camera footage obtained by Mr Prude’s family from police, officers stopped him so he could be seen lying on the ground. While sitting on the road, he becomes furious, alternately asking for money or a gun.
He started spitting in the street, but according to the footage no physical resistance is seen. An official says Mr Prude told him he had a Covid-19, and they put a spit on it.
An officer can be seen saying “stop spitting” with both hands on Mr Prude’s head. Mr. Prude calms down by stopping moving, and the officers notice that he feels cold.
Called paramedics and Mr. Prude is taken to the hospital. A week later, his family released him from life support.
The medical examiner ruled his death as a homicide caused by “breathing complications in the adjustment of physical restraint,” in which the drug was intoxicated by PCP.
Mayor Warren said the city police chief had failed to report the case to him until early last month.
But police chief La’Ron Singletri denied that his department was trying to keep the details out of the public eye, and Rochester Police Locust Club president Michael Mazza said officers had followed his training “step by step”.
Five months after Mr Prude’s death, officers were simply disciplined after the footage was released. Protests erupted at night in the city after the footage was leaked.
Mr Prude died two months before George Floyd, whose assassination sparked widespread outrage during a police crackdown and sparked national and international protests against police brutality and racism.