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Ramarley Graham's Mom Sues NYPD for Files on Son's Death

By Ben Fractenberg | April 12, 2017 5:04pm
 Ramarley Graham's mother, Constance Malcolm, called on the NYPD to release more documents on the fatal shooting of her son. She spoke in front of City Hall on Wednesday, April 12, 2017.
Ramarley Graham's mother, Constance Malcolm, called on the NYPD to release more documents on the fatal shooting of her son. She spoke in front of City Hall on Wednesday, April 12, 2017.
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DNAinfo/Ben Fractenberg

CIVIC CENTER — The mother of Ramarley Graham filed a lawsuit against the NYPD demanding investigative files on the 2012 fatal shooting of her unarmed son, the mother and her lawyer said Wednesday. 

Constance Malcolm said police have been stonewalling her Freedom of Information request for investigative files in the incident, in which NYPD Officer Richard Haste shot their unarmed son in his Bronx home in 2012. Haste quit the force after being found guilty at an NYPD departmental trial

She also expressed disappointment with Mayor Bill de Blasio for what she described as his lack of support. 

"Today would have been Ramarley's 24th birthday. I stand here to say I keep asking for answers, which it seems like I'm not getting," Malcolm said during a press conference at City Hall Wednesday. 

"This should be given to me. Under the circumstances how my son was killed in the first place. He was murdered."

Malcolm — flanked by other Councilman Andy King and Eric Garner’s mother, Gwen Carr — added that she wants two other officers involved in shooting to be fired. 

Sgt. Scott Morris and Officer John McLoughlin — who were also present when Haste followed Graham into the home — were supposed to be put on a departmental trial. But five years after the incident, no trial date has been set. 

Graham's lawyer, Gideon Oliver, said he filed the lawsuit to gain additional documents from their FOIL request, including the official police report from the shooting, witness statements and the firearm discharge report. 

The NYPD turned over 50 pages of files, but most of it was redacted, Oliver added. The family also called on the NYPD to release information on any police misconduct during the shooting and the disciplinary history of Haste. 

Malcolm said doesn't think de Blasio has done enough for police reform and that he will not have her support in the mayoral election. 

"I will campaign against him. I will not support him," the mother said. 

"When it comes to police accountability he's not doing anything. Instead he he tried to shield the officer and make them act like they're doing something good when they're not. When police officers commit crimes they should go to jail for the time they committed or pay the price for what they did."

The NYPD's press office said they "will decline from commenting on pending litigation."

A spokesman for the New York City Law Department said they will "review the legal papers when we are served."