Spring Valley Police Not Culpable In Woman's Death: NY AG

SPRING VALLEY, NY — The New York Attorney General expressed serious concerns about the death of a Spring Valley woman a year ago after a run-in with police, but announced Friday that investigators had not found criminal culpability.

New York Attorney General Letitia James’ Special Investigations and Prosecutions Unit released its report into the death of Tina Davis. Davis, 53, struggled with Spring Valley police officers called after she broke car windows. She collapsed after being tased and died later that day at Good Samaritan Hospital.

According to the report, "The medical examiner noted a number of significant factors which contributed to Ms. Davis’ death, including the presence of a significant amount of cocaine and alcohol in her system, a “grand mal” seizure she suffered prior to the police encounter, a pre-existing heart condition, and the use of physical force by the police officers."

Based on witness accounts, video evidence, and an exhaustive review of the facts, insofar as it played a role in Davis’ death, the officers’ use of physical force could not be found to be unjustified beyond a reasonable doubt, James said.

However, she said there were several serious concerns about the Spring Valley Police Department's handling of the incident.

The report said the department needs to better train its officers on how to respond to circumstances in which mental and/or medical health needs play a role. Particularly with mental health episodes, especially in areas where emergency mental health crisis workers are not available, it is important to have trained personnel respond to these types of situations.

She also told the department their officers should use body cameras.

"Tina Davis’ death was a tragedy, and I offer my deepest sympathies to her family and loved ones," James said in a statement. "After a thorough and exhaustive investigation, we determined that there was not a crime committed by the officers who responded to the incident. However, we were concerned by some of the actions and policies of the SVPD and have issued recommendations that the department should take into account."

According to the AG's report:

In the early morning hours of January 4, 2020, Police Officer Brandon Levey of SVPD
responded to several 911 calls identifying Ms. Davis by name and reporting that she was “acting crazy,” “bugging out,” and “busting people’s car windows.” When PO Levey arrived on scene, he observed Ms. Davis chasing another woman down the street. PO Levey intervened, secured Ms. Davis by her upper arm, and escorted her down the street, where he attempted to place her in handcuffs. Ms. Davis, however, refused to comply with PO Levey’s efforts. Sergeant Thomas Koziak arrived on scene and attempted to assist PO Levey, but she continued to pull her arms away. This struggle resulted in all three individuals falling to the ground, at which point, according to PO Levey, Ms. Davis took hold of his bulletproof vest and would not release it, despite repeated instructions by both officers for her to do so. Sgt Koziak then placed his taser on Ms. Davis’s forearm, and activated the device in the “drive-stun” mode – at which point Ms. Davis reportedly released the vest and was then successfully handcuffed in front of her body. Ms. Davis continued to kick her legs until a third officer, Police Officer Sean Jordan arrived and took hold of her legs. While the officers waited for an ambulance for Ms. Davis, they noticed that she had become unresponsive. They removed her handcuffs, rolled her onto her back, and began chest compressions; PO Jordan also administered Narcan. Soon thereafter, paramedics arrived on scene and continued to perform life-saving measures, but they were unable to revive her. Ms. Davis, who was subsequently transported to a hospital, was pronounced brain-dead the following day and removed from life support.