Seven Massachusetts police officers will not face criminal charges in the death of Francis Gigliotti, a 43-year-old man who became unresponsive during police restraint in Haverhill, a Boston suburb. Essex District Attorney Paul Tucker announced Tuesday that charges were not legally supportable.
The decision comes after a comprehensive review of the restraint, which lasted 2 minutes and 25 seconds, and an autopsy. The case highlights an ongoing tension between police restraint protocols and medical risks: the U.S. Department of Justice has warned since the mid-1990s that holding suspects face-down can create asphyxiation dangers.
Essex District Attorney Paul Tucker announced Tuesday that seven police officers involved in the death of Francis Gigliotti will not face criminal charges. After reviewing the facts, applicable law, and an independent expert’s opinion, Tucker said criminal charges were “not supportable and will not be pursued.”
Gigliotti, 43, died on July 11 outside a Haverhill fish market after walking into traffic during what his fiancée called a mental health crisis. Officers restrained him for 2 minutes and 25 seconds before he became unresponsive, according to Tucker.
Tucker attributed Gigliotti’s death to “cardiac dysrhythmia in a person with acute intoxication due to the combined effects of cocaine and ethanol while being restrained prone by police.” The autopsy showed no injuries to Gigliotti’s nose, throat, neck, or back, though bruises were found on his arms and legs.
What Video Showed
Witness video captured several officers holding Gigliotti face down as he cried out. Officers were not wearing body cameras. The footage did not show how long he was restrained or when he became unresponsive.
Tucker said officers initially attempted to help Gigliotti when they found him walking erratically around traffic. Other video showed Gigliotti falling onto the sidewalk as he left a store, then hitting his head on a parked car and weaving into traffic. He was nearly struck several times.
Officers did not restrain him until he tried to enter a seafood restaurant, Tucker said. When Gigliotti became unresponsive, officers administered Narcan, initiated CPR, and then EMS took over.
Family’s Response
Timothy Bradl, a lawyer for the Gigliotti family, said they were “disappointed, but not surprised at such an outcome when law enforcement investigates itself within the same county.” Bradl said the family is “proceeding ahead with full confidence in our position and will do everything we can to achieve justice and accountability for the Gigliotti family.”
The seven officers were placed on leave during the investigation.
Restraint and Asphyxiation Risk
The case underscores broader questions about restraint procedures. The U.S. Department of Justice has warned police officers since the mid-1990s to roll suspects off their stomachs as soon as they are handcuffed because of the danger of asphyxia. Putting someone on their stomach is not inherently life-threatening. But many policing experts agree that someone can stop breathing if pinned on their chest for too long or with too much weight because it can compress the lungs and put stress on the heart.