prude

The Rochester police served the officer with departmental charges, but it was not specific about what kinds of charges were filed.

“(M)y opinion is that none of the officers, their impact, individually or collectively, would have caused or contributed to that cardiac arrest."

The protesters moved down Main Street and then to East Avenue, ultimately ending their march in the Wegmans parking lot. Wegmans locked the store around 11 a.m.

Attorneys representing Nathaniel McFarland, one of Prude's five children and the administrator of his estate, also allege civil rights violations and gross negligence in the lawsuit filed Monday.

“It’s kind of a Catch-22. They teach the only way to subdue (a person) under excited delirium is choke holds -- knees to the neck, hog ties -- things of that nature which brings on death.”

Joe Prude is the brother of Daniel Prude, who suffocated in police custody a year ago. He says he no longer has trust in the system after state Attorney General Letitia James announced a grand jury had decided not to file criminal charges against any of the officers in his brother’s case.

"We concluded that there was sufficient evidence surrounding Mr. Prude's death to warrant presenting the case to a grand jury, and we presented the most comprehensive case possible," officials said.

The case got national attention when body camera footage showed Prude suffocating while being restrained by Rochester Police after they responded to a mental health call.