Haverhill police officers involved in man’s death won’t face charges, DA announces

Local News

The medical examiner found no injuries to Francis Gigliotti’s nose, throat, neck, or neck muscles, nor any bruises or injuries on his back.

Local prosecutors said they won’t pursue any criminal charges related to the death of Francis Gigliotti, who was restrained outside a seafood restaurant in July by multiple Haverhill police officers before becoming unresponsive.

During a press conference Tuesday afternoon, Essex County District Attorney Paul Tucker said that “after a comprehensive review of the facts applicable law and the consideration of the opinion of a retained independent expert,” criminal charges “are not supportable.”

“I pledged transparency and accountability. Today’s briefing is in furtherance of that pledge,” said Tucker, who said he met with Gigliotti’s family to share the DA’s decision to not pursue charges.

In September, Gigliotti’s death was deemed to be a matter of homicide, officials said. But, Tucker noted that homicide for the purposes of a death certificate is a “neutral term.” He said the medical examiner found no injuries to Gigliotti’s nose, throat, neck, or neck muscles, nor any bruises or injuries on his back.

“One of the things that was found in the autopsy was bruising on Mr. Gigliotti’s extremities, specifically his arms and legs,” Tucker said. “This aligned with the officer’s interview statements of how they were able to restrain Mr. Gigliotti.”

Prosecutors hired police force expert and lawyer Eric Daigle to conduct an independent review. Viewing footage of the incident, interviewing the officers involved, and evaluating other evidence, Daigle determined the officers’ use of force was “objectively reasonable.”

Timothy Bradl, the family’s lawyer, said the family is “disappointed, but not surprised at such an outcome when law enforcement investigates itself within the same county. We think the public will see through this for what it is.” 

Bradle said the family has served their statutory notice of civil claims, meaning they are preparing to file a civil lawsuit.

“We are proceeding ahead with full confidence in our position and will do everything we can to achieve justice and accountability for the Gigliotti family,” Bradl said in a statement. “It is a particularly bitter pill to swallow that the Essex District Attorney’s Office has given these officers a complete pass despite the medical examiner’s finding that this was, in fact, a homicide. We have no doubt that the jury will be seeing things differently.” 

What happened in July?

Gigliotti’s fatal encounter with police occurred on July 11.

Gigliotti, 43, first interacted with police on White Street, where officers responded to reports of a man acting erratically, weaving in and out of traffic and nearly being struck by vehicles. He ran from officers before he tried to open the door to Bradford Seafood on Winter Street, according to 28 minutes of footage previously released by the DA. Outside the restaurant, more than a half dozen officers appeared in the video to be holding Gigliotti down as he yelled for help. 

The medical examiner attributed his death to an abnormal heartbeat caused by cocaine and alcohol intoxication and efforts by police to restrain him, noting a previous hypertensive heart disease.

At the Haverhill Police Department, turmoil followed Gigliotti’s death.

An officer who was involved in restraining Gigliotti suddenly died in late September, and family members of officers criticized Police Chief Robert Pistone for mishandling the response to both deaths. 

Pistone suddenly retired after he was placed on administrative leave in October amid rising tensions within the department, including a no confidence vote from the police union. His deputy chief was named as his replacement before he too was placed on leave.

While the findings confirm police followed protocol, “we recognize that no outcome can ease the pain felt by Mr. Gigliotti’s family and loved ones,” Mayor Melinda Barrett said.

“The death of Mr. Gigliotti was a tragedy that touched our entire community. From the outset, we pledged transparency, accountability and full cooperation with investigators — to which we kept our word,” Barrett said. “We are certain the facts were fully and independently reviewed and appreciate the District Attorney’s diligence in his investigation.”

Molly Farrar is a general assignment reporter for Boston.com, focusing on education, politics, crime, and more.