• Fri. Oct 23rd, 2020

Black man died after being restrained by Rochester police

A naked Black man who told Rochester, New York, police that he had COVID-19 and whose brother called 911 about his behavior was restrained with handcuffs and a spit hood and his head was forced into the asphalt before he went limp, according to a portion of police video released by his family Wednesday.

Daniel Prude, 41, died seven days later. He was visiting from Chicago and suffered from mental illness, his brother, Joe Prude, said at a news conference.

The March 23 incident, more than two months before the in-custody death of George Floyd, who died during similar police violence in Minneapolis, came to light Wednesday after a portion of the body camera footage, obtained from police on behalf of family members, was released by their lawyer to NBC affiliate WHEC in Rochester. NBC News does not know what transpired before or after what’s shown in the partial video nor whether or how it may have been edited.

“He’s defenseless,” Joe Prude said. “He’s got on no damn clothes. … They’re treating my brother like a damn animal. You sit there teasing him, laughing and making practical jokes.”

Neither the Rochester Police Department nor the local police union, the Rochester Police Locust Club, immediately responded to NBC News’ request for comment Wednesday.

The mayor of Rochester, Lovely Warren, and police Chief La’Ron Singletary expressed empathy for the Prude family but said there wasn’t much they could do because New York Gov. Andrew Cuomo issued an order July 15, giving the state attorney general jurisdiction over the investigation.

“It’s not within our control,” Warren said at a separate news conference Wednesday.

Attorney General Letitia James said in a statement Wednesday, “My office is already activating this incident.

Daniel Prude was released from a hospital, where he had undergone a mental health check, the day before Joe Prude called 911 for help with his brother’s behavior on March 23, Joe Prude said.

At 3:16 a.m, according to a timestamp on the video, officers arrived wearing winter gear as what appeared to be rain fell on a wet roadway where a nude Daniel Prude stood. He immediately complied with orders to lay on the ground face down and put his hands behind his back, it shows.

He spoke gibberish, told officers to take note of his genitals and asked for a gun. The outbursts inspired casual chuckling from the officers.

Daniel Prude, handcuffed and sitting up, spit onto the ground and said he had coronavirus, the video shows.

An officer approached from behind him and placed a spit hood on his head, the video shows. After Daniel Prude said repeatedly, “Give me the gun,” officers pushed him back down, face down on the ground and pushed his head into the asphalt, with one of the officers’ knees placed on his back, the video shows.

Daniel Prude started whimpering unintelligibly, it shows.

Police joked with arriving paramedics, and one officer said, “It’s crazy. He’s been out naked for 30 minutes.”

At least one of the officers said Daniel Prude was “puking, just straight water,” into the hood, but the hood remained on the man as he continued to lay face down.

“My man,” the officer said, “you puking?”

Laughter is heard.

“It looks like he started throwing up, now he doesn’t even have chest compressions,” an officer said.

Daniel Prude didn’t respond and appeared limp, according to the video. An officer called for a paramedic.

“We need you,” he said to the woman.

“Does he have a pulse?” she asked.

“No,” a man answered.

“Start CPR,” the paramedic said.

Paramedics went into action, administering CPR, the video shows. At that point, an officer said, “I’m going to get some more hand sanitizer.”

A paramedic asked the officers if the man was on drugs or was experiencing “excited delirium,” a controversial term that generally describes suspects who are on drugs and out of control.

“It’s not your guys’ fault,” she said.

Daniel Prude died on March 30 after being on life support.

The organization Free the People Roc, whose members appeared with Joe Prude at Wednesday’s news conference, also posted the video on its Facebook page.

“I placed a phone call for my brother to get help, not for my brother to get lynched,” Joe Prude said at the news conference.

Stanley Martin, an organizer with Free the People Roc, said the officers involved were still on active duty.

The local chapter of the ACLU, like Daniel Prude’s family, isn’t happy with the pace of the inquiry.

“It has been over four months since the attorney general’s office opened their investigation, but it does not take that long to see that the officers involved abused their authority to end Mr. Prude’s life,” said Iman Abid, director of the Genesee Valley region chapter, in a statement.

“The officers involved in this incident should not be allowed on patrol while the investigation proceeds,” she added, “and the public has a right to know the misconduct history of the officers involved.”