In Brooklyn: Failure Of Cashless Bail To Protect Man In Jail For Shoplifting Groceries, While More Serious Criminals Released – Criminalization Of Poverty

In Brooklyn: Failure Of Cashless Bail To Protect Man In Jail For Shoplifting Groceries, While More Serious Criminals Released – Criminalization Of Poverty

You can see our previous coverage of the bail reforms put in place in recent years, where many Republicans have said that they provide for the release of violent criminals and should be repealed.  However, for such a small crime as stealing groceries to take home and eat, this person had to stay in police custody for fourteen hours, and ultimately died from a lack of care and concern, where both he and his attorney requested a return to the hospital, but they were ignored.    

The following is from the story on this issue from the Gothamist.  This individual stole food to take home and cook (meat and seafood) from the Whole Foods Market in Brooklyn.  Notably, this is the second person in three days who died in police custody that week:

Around 5 p.m. Friday, his attorney Claire Thomas said, he appeared ill and had passed out multiple times in the courtroom. She said he was too unwell to be arraigned, and also pushed for him to be hospitalized, but to no avail.

Nieves remained at the courthouse and died after collapsing in a holding cell around 10 p.m., officials said. He is one of two men who died in NYPD custody within three days last week.

Nieves’ death comes as the Adams administration faces a mounting death toll of people in city custody. Deaths in custody at Rikers Island have already doubled compared to last year, with 12 people dying at or shortly after being released from the jail complex this year. Nieves is one of at least five people to die in NYPD custody this year.

When his death was first publicized, police did not say he had been hospitalized. They also said he’d been arrested on Friday, not Thursday.

Police now say Nieves complained about foot pain and asked to go to the hospital while at court, though they are still investigating the exact timeline of events….

Law enforcement officials said Nieves stole $170 worth of meat and seafood the day he was arrested. He was taken into custody Thursday because he had open warrants for previous thefts and was not eligible for a desk appearance ticket.

Joint Statement from Legal Aid and Brooklyn Defenders on Death in NYPD Custody at Kings County Criminal Court

(BROOKLYN, NY) – The Legal Aid Society and Brooklyn Defender Services issued the following joint statement on the death of a 46-year-old man in New York City Police Department (NYPD) custody at Kings County Criminal Court:

“The Legal Aid Society and Brooklyn Defender Services mourn the loss of a 46-year-old New Yorker who passed away in NYPD custody at Kings County Criminal Court on Friday night.

“This tragic loss represents at least the twelfth person to die in City custody or shortly after being released and the third person to pass away at a local courthouse this year alone. The NYPD’s drive to criminalize poverty has led to the avoidable and unnecessary incarceration and death of a man who was accused of shoplifting food from a grocery store. Instead of receiving the care he urgently needed, he languished and died in a holding cell.

“At a time when misinformation about ‘cashless bail’ spreads widely, a man who was accused of a low-level crime that New York’s bail laws were designed to protect has died in NYPD custody. The NYPD continuously flouts the rules that require people to remain at liberty on non-violent and low-level matters while they await resolution of their court case. This is a cruel example of the consequences of the NYPD’s failures.

“We demand an urgent, transparent, and full investigation into his death, and we express our deep condolences to his loved ones and all who are affected by his passing.”

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The Legal Aid Society is a nonprofit organization that exists for one simple yet powerful reason: to ensure that New Yorkers are not denied their right to equal justice because of poverty. For nearly 150 years, we have protected, defended, and advocated for those who have struggled in silence for far too long. Every day, in every borough, The Legal Aid Society changes the lives of our clients and helps improve our communities. www.legalaidnyc.org

Brooklyn Defender Services is a public defense office whose mission is to provide outstanding representation and advocacy free of cost to people facing loss of freedom, family separation and other serious legal harms by the government. We believe in a client-centered approach and work, in and out of court, to uphold the rights, freedom and dignity of people threatened by unjust, racist and harmful legal systems. www.bds.org

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