Ramarley Graham's Family Files Request for City Hall & NYPD Records on Teen's Killing by Police

Wide-ranging request demands information on 12+ NYPD officers/officials responsible for misconduct related to killing, abuses of family members & actions undermining investigation

Request highlights Mayor de Blasio’s failure 4 ½ years later to fulfill his own demand immediately after 2012 killing of Graham for city to conduct “fair, speedy and transparent investigation”

Over four-and-half years after unarmed 18-year-old Ramarley Graham was killed by NYPD officers, his family and their community supporters filed a formal request for official City Hall and NYPD records pertaining to his killing and the extensive misconduct by 12+ officers. Ramarley’s mother, Constance Malcolm, has consistently been calling for the de Blasio administration to fully and transparently investigate all officers involved in misconduct against Graham’s family – not just an incomplete portion of officers for only part of their misconduct. In demanding a full investigation that leads to meaningful accountability – including removing all officers who engaged in misconduct – she has been calling for the de Blasio administration to release the names and charges against officers.

“Over 4 1/2 years later after NYPD officers killed Ramarley, my family still doesn't have basic answers about the police misconduct against my family by 12+ officers,” said Constance Malcolm, the mother of Ramarley Graham. “We don't know the status of NYPD investigations to hold them accountable, and in many cases even their names. Mayor de Blasio has failed to live up to his words on policing and what he said the city should do right after Ramarley was killed when demanding a 'fair, speedy and transparent' investigation' as public advocate.”

Though Ms. Malcolm has delivered two letters to Mayor de Blasio making these demands and outlining the extent of misconduct, the de Blasio administration has failed to provide any substantive information. The lack of transparency and accountability has left the family with questions that only continue to grow about the incident and role of an extensive number of NYPD officers and officials. Thus, the family and public have been left to utilize state law on open government (Freedom of Information Law/FOIL) to force the de Blasio administration to release information and records. The FOIL seeks City Hall and NYPD records on the misconduct by 12+ officers in the killing of Graham and abuse of his family, and to uncover what the de Blasio administration knows, has and has not done to investigate the misconduct.

The FOIL, drafted by civil rights attorney Gideon Oliver on behalf of Graham’s family, Communities United for Police Reform and the Justice Committee, can be accessed here.

The police misconduct that the FOIL seeks clarity and information on includes:

• Several officers unlawfully entered the family’s home (leading to the killing) and none of the multiple officers on the scene intervened to prevent the unlawful entry
• Ramarley's grandmother was cursed and threatened with being shot by Officer Haste after he shot her grandson, and was subjected to use of force by other officers in her home
• Ramarley’s grandmother was separated from her 6-year-old grandson, taken to the 47^th Precinct and interrogated for over 7 hours, where she was intimidated to give statements against her will without access to legal counsel
• Officers at the 47th precinct refused her access to family members and her attorney who were present at the Precinct 
• Officers mistreated and abused Ramarley’s mother and 6-year-old brother after the incident
• Officers unlawfully accessed and released sealed records of Ramarley's criminal justice system involvement in violation of state law

“We are filing this request for City Hall and NYPD records to bring about the needed government transparency and accountability for police misconduct that is the key to ending these killings,” continued Malcolm. “Mayor de Blasio's failure to hold police accountable for abuses and misconduct is exactly the problem fueling the crisis of police violence around the nation that continues to allow people to be unjustly killed by police here in NYC and elsewhere.”

Justice Committee Co-Director Loyda Colon stated: “It's been four and half years since NYPD officers forced their way into Ramarley's home, shot and killed him in front of his grandmother and 6-year-old brother, assaulted his family members and engaged in a range of misconduct to cover up their wrong-doing. Ramarley's mother and family have been forced to beg for answers while Officer Haste and Srgt. Morris have been rewarded with huge pay increases. The lack of transparency and of a speedy and thorough treatment of this case is unacceptable and demonstrates a lack of commitment on the part of Mayor de Blasio and the NYPD to ensuring police accountability and a severe lack of respect for Ramarley's family.”

While most of the attention has focused on NYPD Officer Richard Haste, who shot Ramarley, there were 12+ officers involved in the unlawful entry to the home, threatening, assaulting and mistreating his family members after the killing, unlawfully leaking information about Ramarley’s sealed criminal history, and disseminating false information about the incident. None of the multiple officers engaged in this misconduct related to the killing have been held accountable, with the identities of some being concealed.

“The de Blasio administration’s inaction related to the misconduct by the 12+ officers involved in Ramarley Graham’s killing is one of the central factors as to why people around this country and in New York City continue to be killed by police,” said Monifa Bandele of Communities United for Police Reform. “There’s been no action that demonstrates real police accountability or transparency, and it has only continued to widen the wound opened by Ramarley’s killing over 4 ½ years ago. It’s disappointing that Ramarley’s family and their community supporters are forced to resort to legal requests to access basic information for the public instead of being able to rely on government transparency with respect to policing.”

The de Blasio administration has done nothing to clarify conflicting media reports about what officers are facing charges and for which misconduct. Some media reports have claimed that three officers are facing charges for Graham’s killing and associated misconduct, while others have only named one or two officers. The latest reports only reiterated that Richard Haste would face charges and that the next step would be a departmental trial (something the NYPD had already claimed would occur months earlier). Even with this being recently echoed, there has been no date set for his departmental trial, or information on what charges he’s facing, and the status of charges, investigations and trials into the 12+ other officers who engaged in misconduct before, during and after Ramarley’s killing. Based on media reports, the only charge Haste is facing relates to improper discharge of his weapon – he’s not facing charges for unlawful entry, threatening to shoot Ramarley’s grandmother after shooting him, or violating other NYPD protocols.

Council Member Brad Lander stated: “Transparency and accountability for charges of police misconduct are essential to ensure public trust and safety. More than 4½ years after Ramarley Graham was killed, his family still has neither transparency nor accountability: for the unlawful entry into their home, for the taking of his life, for how family members were treated by officers, for the release of information about Ramarley that violated state law. It is long past time -- and the least that New York City owes Ramarley’s family and all New Yorkers.”

Council Member Andy King said: “This FOIL request is necessary to reveal to the public ALL of the officers involved in the killing of Ramarley Graham. The public has a right to know! It has been four years since Ramarley Graham was killed. We are calling for justice as we urge Mayor de Blasio and Commissioner O’Neill to terminate the NYPD officers who unlawfully entered Ramarley's home, contributed to his unjust death, assaulted and mistreated his family, and engaged in other misconduct.”

Royce Russell, the Graham family’s attorney stated: “We are cautiously optimistic that the Mayor and new Commissioner endeavor to create transparency and Ramarley's death would not be in vain and those responsible are terminated.”

Council Member Antonio Reynoso, Co-Chair of the Progressive Caucus said: “Today, we stand with Ramarley Graham’s family to once again demand transparency, accountability, and justice from the NYPD. The circumstances of his death were unacceptable, and the ongoing questions about what actually happened that day and how officers’ actions will be addressed make the situation even worse for his family.  We are calling on the administration and the NYPD to release all information related to this case and all police misconduct cases. Refusing to do so sends a message that misconduct will be tolerated, which is absolutely the wrong message for bringing justice to our communities.”

State Assembly Member Charles Barron and Council Member Inez Barron stated that they “stand in solidarity with those who seek justice in the Ramarley Graham case. These parents have been soldiers joining in solidarity with others who have lost their loved ones to unjustifiable, lethal use of force by police officers. Officer Haste and the other officers involved in this killing must be punished.”

PHOTO: https://pbs.twimg.com/media/CtiPYLmWAAABi5s.jpg

PHOTO (Constance Malcolm with advocates and elected officials): https://pbs.twimg.com/media/CtiPYLrXgAAQdf5.jpg

VIDEO: bit.ly/RamarleyVid

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