Correction Officers Who Failed to Aid Dying Inmate Won’t Be Charged

Michael Nieves sliced his throat with a razor around 11:40 a.m. on Aug. 25, 2022. For the next 10 minutes, correction workers at the Rikers Island jail complex stood by his cell and watched him bleed without providing medical care.

Mr. Nieves later died.

The failure by three correction workers to offer aid was “an omission” that contributed to Mr. Nieves’s death, the New York attorney general’s office of special investigation found in a report published on Tuesday. But because Mr. Nieves might have died even had he received immediate medical help, the attorney general, Letitia James, said her office would not charge the workers criminally.

In a surprising finding, the report also said that the workers had followed correction department rules by deciding not to render help.

“The D.O.C.’s rules and regulations do not clearly require officers to provide immediate care to people with severely bleeding wounds,” the attorney general’s office said in a news release.

The decision not to charge the corrections workers “is incredibly disappointing,” said Samuel Shapiro, a lawyer hired by members of Mr. Nieves’s family, who have filed a lawsuit against the city in federal court. Describing surveillance footage that captures Mr. Nieves’s suicide attempt and the workers’ response, Mr. Shapiro said, “It is incredibly disturbing to watch city employees stand there as Mr. Nieves is slowly bleeding to death from his neck and do nothing to help him.”

The Department of Correction suspended all three workers for 30 days. When they returned to work, they were prohibited from having contact with detainees. In May 2023, two officers, Beethoven Joseph and Jeron Smith, were accused by the department of violating rules and a directive on suicide prevention and intervention. The disciplinary proceedings are still pending, the attorney general’s office said.