HAVERHILL — After a seven-month investigation, the Essex County District Attorney’s Office announced Tuesday that criminal charges will not be pursued against Haverhill police officers involved in the July 11 incident that preceded the death of Francis Gigliotti.
District Attorney Paul Tucker said criminal charges “are not supportable and will not be pursued” following an investigation into the police encounter led by use-of-force expert Eric P. Daigle.
The district attorney said he agrees with Daigle’s findings that the eight officers acted reasonably and followed training consistent with department policies and state laws.
Gigliotti’s autopsy found that his cause of death was “cardiac dysrhythmia in a person with acute intoxication due to the combined effects of cocaine and ethanol while being restrained prone by police,” with hypertensive cardiovascular disease listed as a contributing factor.
The Office of the Chief Medical Examiner ruled the manner of death as “homicide (restrained by police while intoxicated,” while clarifying that the medical “homicide” designation does not determine whether a crime was committed.
Officers did not place Gigliotti in a chokehold or neck restraint, nor did they apply pressure to his neck or back. He was restrained by his limbs, which was consistent with bruising observed on his extremities, and no bruising found on his back, the investigation determined.
The report also concluded that the substances in Gigliotti’s system were a substantial causal factor in his death.
Officers treated the incident as a mental health crisis rather than a criminal apprehension — keeping lights and sirens on their cruisers off, speaking in a “soothing” tone, and calling for an ambulance to assess Gigliotti’s condition, Tucker said.
The investigation reviewed about nine hours of video footage, capturing Gigliotti taking part in what his office alleges as a “hand-to-hand sale of drugs” hours before his death, Tucker said.
“The Haverhill P.D. officers followed their training consistent with the policies and consistent with state law,” he said, referencing the de-escalation tactics.
“The officers had Gigliotti’s well-being, trying to care for this as a mental health case, not as apprehending a criminal.
Tucker said when one officer “was offered the use of a taser,” he declined it.
The encounter with Gigliotti under restraint at Bradford Seafood lasted a total of 2 minutes and 25 seconds “from prone position to recovery,” Tucker said.
The investigation identified seven officers and one sergeant involved in what was classified as a use-of-force incident: Officers Richard Welch, Lauren Bonnell, Brigitte Hamel, Katelyn Tully, Michael Mills, Kristopher Buck, Kaylee Sarfde, and Sgt. Thomas Howell.
Gigliotti, 43, died after Haverhill police responded to reports of a man “behaving in an erratic and belligerent manner” in the area of Winter Street.
Gigliotti fled on foot and attempted to enter Bradford Seafood at 124 Winter St., where officers restrained him in the restaurant’s entryway. He later became unresponsive while under restraint, was transported to a nearby hospital and pronounced dead, according to the DA’s office.
Seven officers were placed on administrative leave during the investigation, including Officer Katelyn Tully. Tully, 32, later died on Sept. 26 at her Bartlett Avenue home, according to a death certificate issued by the Chief Medical Examiner’s Office. The cause of her death hasn’t been released to the public.
Tucker said he discovered during his interview with Tully following Gigliotti’s death that she was the founder of the police department’s behavioral health unit with experience in hundreds of cases similar to Gigliotti.
“At one point when she was talking to Mr. Gigliotti, she was using very soothing and calm words, and for that brief moment in time, Mr. Gigliotti responded in a very calm and soothing manner.” Tucker said.
Mayor Melinda Barrett spoke at Haverhill City Hall following the DA’s announcement. She spoke about the tragedy of Gigliotti’s death and how it affected the community, and that the city pledged transparency, accountability, and cooperation with investigators in the months afterward.
“The findings announced today confirm what we believed all along – that the officers involved acted within the scope of their duties and in accordance with procedures,” Barrett said. “While this conclusion provides clarity, we recognize that no outcome can ease the pain felt by Mr. Gigliotti’s family and loved ones. It also does not negate the deep loss felt by family, friends and colleagues of Officer Tully.”
Acting Police Chief Wayne Tracy extended his condolences to the Gigliotti family as well as the loved ones of Tully. He also mentioned how the results reaffirm the department’s beliefs that the officers acted appropriately and according to their training.
“Although this investigation is now concluded, our work is not,” Tracy said. “We will continue to strengthen training, expand officer wellness support, and advance new policing techniques that promote safety for both the public and our personnel.”
The Haverhill Police Patrolman’s Association, or HPPA, also released a prepared statement on Tuesday in response to the investigation’s results.
“Although cleared, the impact of months of public scrutiny has been significant,” HPPA President Conor Clark wrote. “These officers and their families endure criticism and uncertainty. These officers should hold their heads up for acting professionally and in good faith.”