BUFFALO, N.Y. (WIVB) — It’s an Erie County case that dates back to 2012, one that’s been investigated by local law enforcement, by the state, even by the federal government.
Now, the Erie County District Attorney wants the Niagara County prosecutor to conduct the investigation because of a possible conflict within the Erie County office.
Richard Metcalf, Jr. died after being beaten at the Erie County Holding Center in 2012, allegedly at the hands of holding center deputies, according to a state report.
Metcalf’s initial cause of death was homicide by acute and subacute myocardial infarction, meaning he died from a heart attack that was caused by someone else. It also implies he had an existing heart condition.
However, the state’s Medical Review Board rejected the medical examiner’s ruling, saying instead that Richard Metcalf died because of the restraint methods used by the Erie County Deputies.
In fact, the state report, first obtained by News 4 in its entirety, said had Metcalf received appropriate mental health care for psychosis with proper restraint and proper medication, and had he been subjected to property supervised use of force, his death could have been prevented.
New Erie District Attorney John Flynn wants the Niagara County District Attorney’s Office to investigate whether there was any wrong doing, according to Metcalf’s family attorney Michael Scinta. Flynn told News 4 in November he intended to at least look into the Metcalf case.
Flynn wants to avoid any chance of a conflict within his department, Scinta said.
A State Supreme Court judge could make a decision on whether the case should move to Niagara County early next month.