Attorney General James’ Office of Special Investigation Releases Report on Death of Shaun Humphrey

August 6, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Shaun Humphrey, who died on August 15, 2023, after an incident at the Erie County Holding Center (ECHC) in Buffalo on August 8, 2023. Following a thorough investigation, which included interviews with involved officers and medical professionals, review of body-worn camera (BWC) footage and hospital records, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officers committed a crime, and therefore that criminal charges are not warranted in this case.

On August 8, 2023, Mr. Humphrey was in custody at ECHC and was placed in a pre-classification cell, which was also a detoxification unit with constant observation. Shortly before 12:30 p.m., an Erie County Sheriff's Office (ECSO) deputy saw Mr. Humphrey display seizure-like behavior and roll off his bed and onto the floor. The deputy called for medical assistance, and additional ECSO deputies and medical staff arrived at Mr. Humphrey's cell. Medical staff began providing aid, including two doses of Narcan. After the second dose of Narcan, Mr. Humphrey became physically combative, and ECSO deputies attempted to restrain him. A struggle ensued while deputies attempted to handcuff Mr. Humphrey. After Mr. Humphrey was in handcuffs, the deputies rolled him onto his side. Mr. Humphrey appeared calm and to be breathing normally, but after a minute and a half he became combative again. The deputies attempted to put shackles on Mr. Humphrey's legs. A few moments later, Mr. Humphrey became unresponsive.

The ECSO deputies removed Mr. Humphrey from his cell and, along with medical staff, provided life-saving measures, including CPR, before he was taken to a local hospital. Mr. Humphrey was pronounced dead a week later, on August 15, 2023.

In New York, proving criminally negligent homicide or manslaughter in the second degree requires proving beyond a reasonable doubt that a person caused a death when they failed to perceive (criminally negligent homicide) or disregarded (manslaughter in the second degree) a substantial and unjustifiable risk that death would occur; that failing to perceive or disregarding the risk was a gross deviation from a reasonable person's standard of care; and that the person engaged in blameworthy conduct. In this case, Mr. Humphrey became combative when medical staff administered Narcan and needed to be restrained to receive further care. The OSI's investigation does not indicate that the restraint was excessive or that the deputies administered blows or held Mr. Humphrey in a prone position longer than necessary to get him restrained. The deputies said that when they noticed Mr. Humphrey was unresponsive, all efforts to restrain Mr. Humphrey ceased and medical staff immediately initiated life-saving measures.

In this case, the evidence does not establish beyond a reasonable doubt that the deputies' conduct was a gross deviation from the standard that would have been observed by a reasonable person in the same circumstances. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.