New York

Black Man Died After Being Restrained by Rochester Police

Daniel Prude, 41, whose brother said he struggled with mental illness, told officers he had COVID-19, prompting them to place a spit hood on him

A makeshift memorial is seen, Wednesday, Sept. 2, 2020, in Rochester, N.Y., near the site where Daniel Prude was restrained by police officers.
AP Photo/Adrian Kraus

A Black man who had run naked through the streets of a western New York city died after a group of police officers put a hood over his head, then pressed his face into the pavement for two minutes, according to video and records released Wednesday by the man's family.

Daniel Prude, 41, died March 30 after he was taken off life support, seven days after the encounter with police in Rochester. His death received no public attention until Wednesday, when his family held a news conference and released police body camera video and written reports they obtained through a public records request.

A Rochester, New York, family is demanding justice after their brother, Daniel Prude, died as he was restrained by police during a mental health call. Footage released by Rochester police and provided to NBC by Prude's family showed a part of what happened to Prude on March 30 before he died.

“I placed a phone call for my brother to get help. Not for my brother to get lynched,” Prude’s brother, Joe Prude, said at a news conference. “How did you see him and not directly say, ‘The man is defenseless, buck naked on the ground. He’s cuffed up already. Come on.’ How many more brothers gotta die for society to understand that this needs to stop?"

The videos show Prude, who had taken off his clothes, complying when police ask him to get on the ground and put his hands behind his back. Prude is agitated and shouting as he sits on the pavement in handcuffs for a few moments as a light snow falls. “Give me your gun, I need it,” he shouts.

Then, they put a white “spit hood” over his head, a device intended to protect officers from a detainee's saliva, after Prude told officers he had COVID-19, NBC affiliate WHEC of Rochester reported.

In the video, Prude demands they remove it.

Then the officers slam Prude's head into the street. One officer, who is white, holds his head down against the pavement with both hands, saying “calm down” and “stop spitting.” Another officer places a knee on his back.

“Trying to kill me!” Prude says, his voice becoming muffled and anguished under the hood.

“OK, stop. I need it. I need it,” the prone man begs before his shouts turn to whimpers and grunts.

The officers appear to become concerned after he stops moving, falls silent and they notice water coming out of Prude’s mouth.

“My man. You puking?” one says.

One officer notes that he’s been out, naked, in the street for some time. Another remarks, “He feels pretty cold.”

His head had been held down by an officer for just over two minutes, the video shows.

The officers then remove the hood and his handcuffs and medics can then be seen performing CPR before he's loaded into an ambulance.

NBC News does not know what transpired before or after what’s shown in the partial video nor whether or how it may have been edited.

Spit hoods have been scrutinized as a factor in the deaths of several prisoners in the U.S. and other countries in recent years.

Prude, who suffered from mental illness, was from Chicago and had just arrived in Rochester for a visit, Joe Prude said.

The day before his brother called 911 for help with his behavior, Daniel Prude was released from a hospital, where he had undergone a mental health check, Joe Prude said.

On March 23, police responded after Joe Prude called 911 at about 3 a.m. to report that his brother had left his house.

The city halted its investigation into Prude's death when state Attorney General Letitia James' office began its own investigation in April. Under New York law, deaths of unarmed people in police custody are often turned over to the attorney general's office, rather than handled by local officials.

James said Wednesday that the investigation is continuing.

“I want everyone to understand that at no point in time did we feel that this was something that we wanted not to disclose,” Rochester Mayor Lovely Warren said at a press briefing. “We are precluded from getting involved in it until that agency has completed their investigation.”

Activists demanded that officers involved be prosecuted on murder charges and that they be removed from the department while the investigation proceeds.

“The police have shown us over and over again that they are not equipped to handle individuals with mental health concerns. These officers are trained to kill, and not to deescalate. These officers are trained to ridicule, instead of supporting Mr. Daniel Prude,” Ashley Gantt of Free the People ROC said at the news conference with Prude's family.

Neither the Rochester Police Department nor the local police union, the Rochester Police Locust Club, immediately responded to requests from NBC News for comment Wednesday.

Protesters gathered Wednesday outside Rochester’s Public Safety Building, which serves as police headquarters. Free the People ROC said several of its organizers were briefly taken into custody after they entered the building while Warren was speaking to the media.

They were released on appearance tickets, said Iman Abid, regional director of the NYCLU, who was among those taken into custody.

Demonstrators later gathered at the spot where Prude died, chanting, dancing and praying. They stayed late into the night.

Prude, known to his big Chicago-based family by the nickname “Rell,” was a father of five adult children and had been working at a warehouse within the last year, said his aunt Letoria Moore.

“He was just a bright, loving person, just family-oriented, always there for us when we needed him,” she said, and “never hurt or harmed anybody.”

Prude had been traumatized by the deaths of his mother and a brother in recent years, having lost another brother before that, Moore said. In his last months, he’d been going back and forth between his Chicago home and his brother’s place in Rochester because he wanted to be close with him, she said.

“I didn’t know what was the situation, why he was going through what he was going through that night, but I know he didn’t deserve to be killed by the police,” she said.

Authorities have declined to reveal Prude's cause of death due to the ongoing investigations.

The fatal encounter happened two months before the death of George Floyd in Minnesota prompted nationwide demonstrations. Floyd died when an officer put his knee on his neck for several minutes during an arrest.


Hill reported from Albany. Associated Press writers Mary Esch, Michael R. Sisak, Jennifer Peltz and Dave Collins contributed to this report.

AP, NBC News
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