ERIE COUNTY DISTRICT ATTORNEY’S OFFICE STATEMENT ON DEATH OF INDIA CUMMINGS

On Friday, July 27, the Erie County District Attorney’s Office filed a motion before Erie County Court Judge Susan Eagan, requesting that either the New York State Attorney General’s Office investigate the death of India Cummings or the Court appoint a special prosecutor to handle the investigation. On Wednesday, August 1, Judge Eagan issued a sharing order, authorizing the Erie County DA’s Office to share information, evidence and material obtained by the Erie County grand jury related to the death of India Cummings with the New York State Attorney General’s Office.  The Attorney General requested the Sharing Order to determine whether she has jurisdiction to investigate, and if warranted, prosecute this matter. The New York State Attorney General’s Office advised the Court that they will review the grand jury material and make a decision within two weeks on whether their office has jurisdiction, in accordance with Governor Cuomo’s 2015 Executive Order requiring the Attorney General “to investigate, and if warranted, prosecute certain matters involving the death of an unarmed civilian … caused by a law enforcement officer.” In the event the Attorney General’s Office determines that it does not have jurisdiction, the Erie County DA’s Office asked Judge Eagan to appoint a special prosecutor because one of its employees is married to an Erie County Sheriff’s deputy working in the Erie County Holding Center. Judge Eagan scheduled the matter to be returned for a decision on the motion on Wednesday, August 22nd.  ]]>