New York Attorney General Will Not Pursue Investigation of Bronx Woman Killed by Police

BRONX, NY — New York Attorney General Eric Schneiderman said on Thursday he will not open an investigation into the death of Deborah Danner, the Bronx woman killed in her home by police on Tuesday. Schneiderman said in a release that the case did not fall under the Governor's Executive Order No. 147, which outlines when the attorney general can step in as special prosecutor in cases where a police officer kills a civilian.

The order specifically states Schneiderman only has the authority to step in to cases involving "unarmed civilians." According to the police account of the incident, Danner swung a bat at Sgt. Hugh Barry before he fired two shots killing the 66-year-old woman with mental health problems.

Ms. Danner's death is a tragedy that never should have happened. From the moment my office received the news, our Special Investigations and Prosecutions Unit commenced a rigorous review of the evidence. I believe there is no question this case must be investigated. However, the legally empowered prosecutor must take the lead. After reviewing the available facts and evidence, our Special Investigations and Prosecutions Unit has determined that this incident falls beyond my office’s jurisdiction under the Governor’s Executive Order No. 147, which grants my office jurisdiction only under limited circumstances.

It is vital to note that this jurisdictional determination has no legal impact whatsoever on the ultimate question of whether or not a crime was committed, or whether the officer involved should be prosecuted. That determination rests with the Bronx District Attorney’s office, which we expect will conduct a full and fair investigation.

We will continue to monitor the situation.

Order 147 does allow for some wiggle room, saying the AG can step in "where there is some question" as to whether the victim was armed, but not enough for Schneiderman to take the case on.

Schneiderman deferred to Bronx District Attorney Darcel Clark, who said on Thursday her office will conduct "a full, reasoned and independent investigation into this matter."

The decision by Schneiderman drew disappointment from police reform advocates, who had pressed the AG to investigate the case on Wednesday.

"We are disappointed and disagree with the decision by Attorney General Schneiderman and his special prosecutor unit to not assume responsibility for investigating and prosecuting this case, given what most New Yorkers see as an unjustifiable killing triggered by acknowledged violations of NYPD protocols," said Anthonine Pierre, a spokeswoman for Communities United for Police Reform, a collective of over a dozen advocacy groups in New York City.

The group stressed the investigation by Clark should be a "comprehensive and transparent investigation that examines the actions of all public officials involved in this failure that brought such an unnecessary tragedy."

Police were called to Danner's apartment complex by a neighbor after they said she was acting irrationally. According to officials, Barry approached and then shot Danner even though protocol dictated waiting for an Emergency Services Unit to arrive. Barry was stripped of his badge and gun and placed on modified duty by the NYPD on Wednesday.

Photo Credit: Attorney General's Office