STATEMENT OF DA MELINDA KATZ ON OUTCOME OF INVESTIGATION INTO ALLEGATIONS OF UNLAWFUL USE OF FORCE DURING THE ARREST OF SIRCARLYLE ARNOLD
After a thorough investigation that included consultation with two medical experts and an NYPD expert in Physical Training and Tactics, interviews with multiple officers and Sircarlyle Arnold, and extensive review of NYPD Body Worn Camera footage, my office’s Public Corruption Bureau has determined there were no violations of Administrative Code 10-181 during Mr. Arnold’s arrest on January 2, 2021.
While I fully support the spirit of legislation that prioritizes police accountability and thereby promotes community engagement, the elements of AC 10-181 are not satisfied in this case. There is insufficient evidence of an unlawful method of restraint being used during the handcuffing procedure of Mr. Arnold. Specifically, in order to satisfy the statute, one of two things must be made out which the evidence does not show happened here:
- The law requires a finding that the officer involved restricted the flow of air or blood by either compressing Mr. Arnold’s windpipe or the carotid arteries on each side of his neck. There could be no such finding under the facts here.
- Neither did the evidence support a finding that air or blood flow were restricted by sitting, kneeling or standing on the neck in a manner that compresses the diaphragm.
To view the body worn camera video of the incident please click this link: https://youtu.be/u1-LmCbeb-s
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**Criminal complaints and indictments are accusations. A defendant is presumed innocent until proven guilty.