NYPD's Gerber says a death in custody does not mean officers "did something wrong"
Michael GerberNYPD Deputy Commissioner for Legal Matters, at a City Council Public Safety Committee hearing
NYPD Deputy Commissioner Michael Gerber told the City Council that any death in police custody is a tragedy but does not mean that the officers who responded or held the person necessarily did something wrong.
“The fact that someone dies any time-- any time someone dies in police custody that is a tragedy. It does not mean that the officers who responded or who had the person in custody necessarily did something wrong.”
Original text
Where this statement fits
Is the NYPD failing people who fall ill in its custody?
At least six people have died in 2026 after medical emergencies in NYPD custody before arraignment, most recently Reginald Newkirk, who was returned to a Brooklyn precinct after a hospital visit and died the next morning. Public defenders and elected officials say the deaths reflect systemic failures in police custody and medical care. NYPD officials say the department investigates every death and that a death does not mean officers did something wrong, and a spokesperson said all but one of this year's detainees were sent to or cleared by medical facilities before they died. The question is whether the NYPD and the city are failing people who fall ill in police custody.
Source and context
Original text
About this source
Official transcript of the Public Safety Committee's oversight hearing on NYPD officer discipline and the Civilian Complaint Review Board, where members questioned NYPD officials about deaths in custody.
Before the quotation
Council Member Tiffany Cabán asked Gerber at a Public Safety Committee hearing whether officers involved in recent deaths in custody had been suspended or placed on modified duty.
After the quotation
Gerber said the Force Investigation Division investigates every death in custody, that the NYPD would share its conclusions with the public but not its work product, and that knowingly failing to aid someone in medical distress is serious misconduct.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is whether the NYPD and the city are failing people who fall ill in police custody. Gerber calls any death in custody a tragedy but says it "does not mean that the officers who responded or who had the person in custody necessarily did something wrong." That defends officers' handling of people in custody against the inference that the deaths show failure, so we labeled it Defended or excused. The closest competing label is Mixed or conditional, which would fit an acknowledgment of problems alongside the defense; he describes no failures.
- Recorded on
- Published here
More from this case
Read the full caseBrooklyn Defender Services urges reforms on deaths in NYPD custody "without delay"
Brooklyn Defender Services
“These incidents underscore the urgent need for reform. Last year, we joined fellow public defenders, advocates, and impacted New Yorkers on the steps of City Hall to put forward a 10-point plan to address the crisis of deaths in or following NYPD custody. We again urge the Mamdani Administration to implement these commonsense reforms without delay.”Read statement
Legal Aid's Amanda Jack says people in withdrawal "should not remain in prolonged police custody"
“Once the NYPD chooses to keep someone in custody, it assumes responsibility for that person's well-being ... People experiencing a substance-use crisis or withdrawal need timely medical care, and they should not remain in prolonged police custody while awaiting arraignment on low-level offenses.”Read statement
Mamdani's spokesperson says the city is "reviewing every stage of the process" after deaths in custody
“The safety of every person in custody is a top priority for the Mamdani administration ... We are reviewing every stage of the process, from arrest through arraignment, to identify any changes needed to protect the health and safety of everyone who enters the system.”Read statement
Cite this record
- Publisher
- The Dispute Index
- Title
- NYPD's Gerber says a death in custody does not mean officers "did something wrong"
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/5309-nypd-deputy-commissioner-michael-gerber-told-the-city
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "NYPD's Gerber says a death in custody does not mean officers "did something wrong"". First published: 2026-10-09. Last updated: 2026-10-09. https://disputeindex.com/events/5309-nypd-deputy-commissioner-michael-gerber-told-the-city