State's own expert told grand jury police didn't kill Prude

Prosecutors overseeing a grand jury investigation into the death of Daniel Prude last year in Rochester, New York, undercut the case for criminal charges with testimony from a medical expert who said three police officers who held Prude to the ground until he stopped breathing didn’t do anything wrong.

Dr. Gary Vilke told the grand jury that Prude, a 41-year-old Black man, died of a heart attack caused by the medical phenomenon known as excited delirium. He said the officers' actions, which included placing a mesh hood over Prude's head, had no impact on his breathing, according to transcripts made public Friday.

A medical examiner ruled Prude’s death a homicide due to asphyxiation from a physical restraint, with use of the drug PCP as a factor.

Vilke, a University of California, San Diego professor who routinely testifies on behalf of police, said restraining Prude during the encounter in the early hours of March 23, 2020 may have been best for his safety given his condition.

Asked by a grand juror if anything could have been done better, Vilke responded: “I wouldn’t do anything differently.”

The grand jury ultimately rejected criminally negligent homicide charges against the three officers by a 15-5 vote, the transcripts show.

Prosecutors from the state attorney general’s office sought no other charges. They told grand jurors that they could choose not to indict if they believed the use of force was justified. Five jurors indicated they would have voted to indict at least one of the officers.

The grand jury’s decision not to indict was announced at the time it was made in February, but the transcripts of nine days of testimony from witnesses — including Prude’s brother, police officers and experts — offer a rare window into a process normally...