SALEM, Mass. — The seven officers involved in the death of a 43-year-old man who became unresponsive and died as police tried to restrain him in a Boston suburb will not face criminal charges, Essex District Attorney Paul Tucker announced Tuesday.
“After a comprehensive review of the facts, applicable law, and the consideration of the opinion of a retained independent expert, it’s the view of my office and myself that criminal charges are not supportable and will not be pursued,” Tucker told reporters.
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Francis Gigliotti died outside a Haverhill fish market on July 11 after walking into traffic during what his fiancee called a mental health crisis.
Officers were not wearing body cameras. However, video captured by witnesses showed several officers holding Gigliotti face down. The video did not show how long he was restrained or when he became unresponsive.
Seven officers were placed on leave while authorities investigated.
Other video obtained by Boston’s NBC10 showed Gigliotti falling onto the sidewalk as he left a store, then hitting his head on a parked car and weaving into traffic. Authorities said he was nearly struck several times.
On Tuesday, Tucker said Gigliotti’s death was caused by “cardiac dysrhythmia in a person with acute intoxication due to the combined effects of cocaine and ethanol while being restrained prone by police.”
Tucker said that the autopsy notably did not show any injuries to Gigliotti’s nose, throat, neck or back. Bruises were found on his arms and legs.
Instead, Tucker said that video and interviews showed that officers initially attempted to help Gigliotti when they found him walking erratically around traffic.
Officers didn’t restrain him until he tried to enter a seafood restaurant. Gigliotti was held on the ground for 2 minutes and 25 seconds, according to Tucker. When he became unresponsive, officers “tried Narcan, they initiated CPR, and at some point, the EMS crew took over,” Tucker said.
