Attorney general’s office recommends changes to DOC protocols following Rikers Island death

September 11, 2024 Robert Abruzzese, Courthouse Editor

Rikers Island, where Michael Nieves suffered fatal injuries in August 2022, prompting a report from the Attorney General's Office recommending changes to DOC protocols and officer training in wound care. Photo: Bebeto Matthews/AP

Share this:

The Office of Special Investigation (OSI) under Attorney General Letitia James released a report on Tuesday on the death of Michael Nieves, who died on August 30, 2022, following an incident five days earlier on Rikers Island.

After a thorough investigation, OSI concluded that no criminal charges would be pursued against the correction officers involved, as a prosecutor would not be able to prove beyond a reasonable doubt that they committed a crime.

The investigation revealed that on August 25, Nieves, after being issued a handheld razor for use in the shower, claimed to have lost the razor. Correction officers and a Captain searched his cell but found nothing. Upon returning to the cell, they discovered Nieves bleeding heavily from his neck. Although they offered assistance, including a shirt and blanket to apply pressure, Nieves declined. The Captain called for medical assistance but failed to specify the severity of the injury, and medical staff arrived without proper wound care supplies.

Nieves was transported to a hospital, where he was declared brain dead the next day and later died. The investigation found that although earlier intervention may have improved his chances of survival, surgery would have been the only definitive way to save his life.

While the correction officers’ failure to render aid contributed to Nieves’ death, OSI determined that a criminal prosecution would be unsuccessful due to the high burden of proving that officers knew their inaction would result in death.

The report highlights that existing Department of Correction (DOC) rules do not clearly require officers to treat severe bleeding immediately. OSI recommends that DOC amend its regulations and train officers in proper wound care to prevent future incidents.