NBC 4 New York
A judge has thrown out the indictment against an NYPD officer charged in the fatal shooting of an unarmed 18-year-old in his Bronx home last year. Brynn Gingras reports.
A judge has thrown out the indictment against an NYPD officer charged in the fatal shooting of an unarmed 18-year-old in his Bronx home last year, but said prosecutors can present the case again, NBC 4 New York has learned.
Officer Richard Haste, 31, had been indicted on manslaughter charges in the February 2012 shooting death of Ramarley Graham and faced up to 25 years in prison.
On Wednesday, a judge dismissed the indictment on a technicality, siding with defense lawyers who had argued prosecutors gave flawed instructions to the grand jury that indicted Haste.
The Bronx district attorney's office said in a statement that prosecutors "forcefully disagree with the court" and are weighing whether to appeal the decision or present the case again.
Graham's family left the courtroom after the judge's decision, cursing and calling the officer a "murderer." In a statement, the teen's father said "we are going to keep fighting no matter what."
"We will never stop until justice is served in this case, until Richard Haste goes to prison for murdering our son, " said Frank Graham.
The Patrolmen's Benevolent Association said in a statement on Haste's behalf that the judge made the right decision.
Graham was shot to death in the bathroom of his home on East 229th Street after police chased him inside.
Security video showed Graham entering his home, and police running after him. Police at the time said officers witnessed a drug deal and pursued Graham, believing he had a gun.
They went in and found him in the second-floor bathroom, and shot him in the chest. He died shortly afterward.
Police said later that Graham was not found with a gun.