DA: No charges for officers involved in Haverhill man’s death

Charges will not be brought against police officers involved in an incident that led, in part, to a man’s death over the summer in Haverhill, according to the Essex DA’s office.

Essex DA Paul Tucker said that the Haverhill police officers who helped restrain Francis Gigliotti before his death acted reasonably and lawfully in a statement Tuesday.

The decision not to bring charges against the officers comes after the conclusion of an independent investigation into Gigliotti’s death.

“After a comprehensive review of all the facts surrounding the incident and the applicable law, and consideration of the analysis and opinion of a retained expert on police use of force, this Office concludes that criminal charges against the involved officers are not supportable and will not be pursued,” Tucker said in a statement.

The report Tucker referred to was prepared by Eric P. Daigle, a lawyer with police and military experience who specializes in use of force cases.

“​​This Office is aware that Attorney Daigle has no prior connection to the Haverhill Police Department or to the officers involved and has testified as an expert witness both for and against police officers in civil and criminal use-of-force cases,” Tucker noted.

To compile his report and come up with his findings, Daigle reviewed documentary evidence, audio and video recordings, and witness statements, in addition to department policies and case law.

Daigle stitched together a detailed timeline of events leading up to Gigliotti’s death, from the original 911 about Gigliotti’s erratic behavior to officers’ attempts to de-escalate the situation before restraining him and their efforts to revive Gigliotti after he became unresponsive.

According to the report, a 911 caller said that Gigliotti had walked out of his apartment, hit his head on a vehicle, and started straying into traffic.

When police first encountered Gigliotti, who was covered in blood, they tried to calm him down, but Gigliotti appeared to the officers like he may have been experiencing delusions that people were shooting at him and could have been impaired by narcotics.

Eventually, Gigliotti made his way to the entrance of a restaurant and tried to force himself inside.

“Because Mr. Gigliotti’s injury was unexplained, his behavior was unpredictable, and it was still unknown if he was armed, [Haverhill Police Officer Richard Welch] told Mr. Gigliotti could not go inside and pulled Mr. Gigliotti away from the door,” the report said.

Gigliotti still did not comply with officers, the report said, and ended up on the ground, with the officers struggling to restrain him.

“At no time during the incident did Officers strike Mr. Gigliotti, and no use of force equipment was utilized. Officers stated that they did not have their knees on Mr. Gigliotti’s head, neck, or back, which is consistent with the available video footage,” Daigle noted.

After securing Gigliotti in handcuffs, officers noticed that he wasn’t responding, and they placed him on his side in the recovery position. One officer checked his pulse and began chest compressions. Another administered Narcan.

Officers and EMS continued CPR and used a defibrillator on Gigliotti, but he was pronounced dead after being transported to the hospital.

Based on the evidence, Daigle said he concluded that “the officers exercised sound judgment, applied their training appropriately, and acted in accordance with professional standards.”

“While Mr. Gigliotti exhibited signs of an emotionally or mentally disturbed individual throughout the encounter, he continued to actively resist and struggle with the officers’ attempt to gain control throughout the majority of the event,” he wrote.

The report and decision to clear the officers comes after a medical examiner ruled the Gigliotti’s death a homicide, saying he died from “cardiac dysrhythmia in a person with acute intoxication due to the combined effects of cocaine and ethanol while being restrained prone by police.”

Tucker said in his statement that “a medical examiner’s designation of a death as a ‘homicide’ is not determinative of whether a crime was committed.”