LOCKPORT, N.Y. — The New York State Attorney General Letitia James' office released its report on the death of Troy Hodge.
The report found that there was "insufficient evidence to establish that a crime had been committed by any of the responding officers from the Lockport Police Department (LPD) and the Niagara County Sheriff’s Office (NCSO)."
The incident happened in June of 2019 on Park Avenue in Lockport.
The family of Troy Hodge, 39, called police because they said he was acting strange. They told 2 On Your Side's Claudine Ewing following the incident that Hodge thought people were going to harm his family.
His mother, Fatima Hodge, said at the time, "They slammed him on the ground face down, and I'm out there screaming and hollering saying, 'Please, y'all, don't hurt my son, don't you all kill my son,' " Hodge said. "He tried to get up, and they body slammed him down again. And then they had that gun thing. Taser. It broke on my child, they did it so many times."
Following Hodge's death, 2 On Your Side spoke to Lockport Police Chief Steven Preisch, who provided the following account of what unfolded that night. Preisch says police got a call from the victim's mother shortly before midnight, asking for help with her son because he was incoherent and not acting like himself.
A patrol car and ambulance were sent to the home. A preliminary report shows the first officer that arrived on scene found Hodge not acting rationally, including talking about getting a gun. The officer did not know if there was a gun in the home, or not, and closed in to prevent Hodge from going back into the house.
At that point, a physical altercation ensued and Hodge was tased. The chief is not sure at this time if the taser was effective, saying no puncture marks were found on Hodge's body.
During that time other officers, including those from the Niagara County Sheriff's Office arrived. The chief says while waiting for the ambulance to arrive, Hodge suffered medical distress.
Two officers accompanied the ambulance to Lockport Memorial Hospital to assist in providing CPR, but Hodge was pronounced dead.
“I extend my deepest condolences to the family and loved ones of Troy Hodge,” said Attorney General James in a release statement. “We engaged in an extensive and complete review of the facts in this case and determined that there was not sufficient evidence to prove that a crime had been committed.
"However, the actions of some of the officers raised serious concerns and should not go unaddressed. By narrowly tailoring the 'Use of Force' policy and training law enforcement to recognize signs of distress as a medical emergency, we can lessen the risk associated with high-stress situations such as the one we are addressing today.
"Troy Hodge’s death was a tragedy and we hope that the Lockport Police Department and the Niagara County Sheriff’s Office will implement the recommendations we have made in our report.”
While the report found insufficient evidence of a crime, there are serious concerns that need to be address and issued some recommendations.
They recommend that the Lockport Police Department discontinue its 911 call center and allow the Niagara County Sheriff's Office to take over dispatching. The report found that having two 911 systems working in the City of Lockport hindered the emergency medical response in this incident.
The AG's Special Investigations and Prosecutions Unit also recommends improving the response to high-stress and high-risk situations and to train all officers, dispatchers, and emergency medical personnel.
The AG's office also recommends the Lockport Police Department review its "Use of Force" policy and emphasize methods that focus on de-escalation.