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| Ramarley Graham judge 'officially concerned' by possible legal errors | Ramarley Graham judge 'officially concerned' by possible legal errors |
| (4 months later) | |
| More than a year after their unarmed son was killed in his bathroom by a police officer, the parents of a New York teenager have been confronted with the prospect of starting the lengthy grand jury process all over again. | More than a year after their unarmed son was killed in his bathroom by a police officer, the parents of a New York teenager have been confronted with the prospect of starting the lengthy grand jury process all over again. |
| Constance Malcolm and Franclot Graham, the parents of Ramarley Graham, arrived to the Bronx county hall of justice Tuesday in hopes that judge Steven L Barrett would set a trial date for officer Richard Haste. | Constance Malcolm and Franclot Graham, the parents of Ramarley Graham, arrived to the Bronx county hall of justice Tuesday in hopes that judge Steven L Barrett would set a trial date for officer Richard Haste. |
| Haste shot and killed Graham in his Bronx apartment bathroom on 2 February 2012, as his six year-old brother and 58 year-old grandmother looked on. Haste's attorney has maintained that his client feared for his life, and that radio calls prior to the shooting reported that Graham had a gun. No weapon was ever found. After the incident, Haste and his supervisor, sergeant Scott Morris, were stripped of their badges and guns. | Haste shot and killed Graham in his Bronx apartment bathroom on 2 February 2012, as his six year-old brother and 58 year-old grandmother looked on. Haste's attorney has maintained that his client feared for his life, and that radio calls prior to the shooting reported that Graham had a gun. No weapon was ever found. After the incident, Haste and his supervisor, sergeant Scott Morris, were stripped of their badges and guns. |
| In June, Haste turned himself in and was arraigned on charges of first- and second-degree manslaughter. He pleaded not guilty. The four-year veteran of the force is the first serving NYPD officer to face criminal charges for a fatal shooting since 2006. He could serve a maximum of 25 years in prison if convicted. | In June, Haste turned himself in and was arraigned on charges of first- and second-degree manslaughter. He pleaded not guilty. The four-year veteran of the force is the first serving NYPD officer to face criminal charges for a fatal shooting since 2006. He could serve a maximum of 25 years in prison if convicted. |
| On Tuesday, however, Judge Barrett revealed that he was deeply worried about portions of the grand jury minutes outlining the justification for Haste's indictment. | On Tuesday, however, Judge Barrett revealed that he was deeply worried about portions of the grand jury minutes outlining the justification for Haste's indictment. |
| "I am officially concerned," Barrett said. The judge told lawyers with district attorney Robert Johnson's office, as well as Haste and his counsel, Stuart London, that he believed the grand jurors may have received erroneous instructions during their consideration of the case. | "I am officially concerned," Barrett said. The judge told lawyers with district attorney Robert Johnson's office, as well as Haste and his counsel, Stuart London, that he believed the grand jurors may have received erroneous instructions during their consideration of the case. |
| Barrett said passages contained in the minutes indicated jurors were told to disregard whether Haste was under the impression that Graham was armed. "I have reviewed this charge very closely," Barrett said. The judge added that the question of Haste's justification is "central to this case," noting that in Haste's pursuit of a suspect he allegedly believed was armed, "there might be a different measure of reasonableness" with respect to the use of deadly force. | Barrett said passages contained in the minutes indicated jurors were told to disregard whether Haste was under the impression that Graham was armed. "I have reviewed this charge very closely," Barrett said. The judge added that the question of Haste's justification is "central to this case," noting that in Haste's pursuit of a suspect he allegedly believed was armed, "there might be a different measure of reasonableness" with respect to the use of deadly force. |
| Graham caught the attention of the police when he adjusted his waistband after leaving a corner store near his home. Officers in an observation vehicle followed, radioing to other members of the unit that he might be armed. | Graham caught the attention of the police when he adjusted his waistband after leaving a corner store near his home. Officers in an observation vehicle followed, radioing to other members of the unit that he might be armed. |
| According to NYPD commissioner Ray Kelly, the call was put out on a tactical radio frequency that was likely only being monitored by the pursuing unit (it is common for reports of a gun spotted to be broadcast over a wider frequency). The following radio call, again broadcast over the tactical frequency, reported with certainty that Graham was armed. | According to NYPD commissioner Ray Kelly, the call was put out on a tactical radio frequency that was likely only being monitored by the pursuing unit (it is common for reports of a gun spotted to be broadcast over a wider frequency). The following radio call, again broadcast over the tactical frequency, reported with certainty that Graham was armed. |
| "What he heard may very well have informed what he did," Barrett said. The judge informed the attorneys in the case that he would provide them with the portions of the grand jury minutes in question. They were then instructed to write up memos in response. Both sides will return to court 15 May and, depending on the judge's decision, the trial will continue as planned or the district attorney's office will be instructed to present their case again with a new grand jury. | "What he heard may very well have informed what he did," Barrett said. The judge informed the attorneys in the case that he would provide them with the portions of the grand jury minutes in question. They were then instructed to write up memos in response. Both sides will return to court 15 May and, depending on the judge's decision, the trial will continue as planned or the district attorney's office will be instructed to present their case again with a new grand jury. |
| Speaking outside the courthouse Tuesday, Royce Russell, attorney for the Graham family, said, "Clearly the family is disappointed, in that justice is being delayed." | Speaking outside the courthouse Tuesday, Royce Russell, attorney for the Graham family, said, "Clearly the family is disappointed, in that justice is being delayed." |
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