Officer Richard Haste (Tomas Gaston)
FURY: Mom Constance Malcolm screams out yesterday in court after an indictment was tossed against Officer Richard Haste (bottom left) in the death of Ramarley Graham (bottom right). (
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The mother of slain Bronx teen Ramarley Graham exploded in court yesterday when a judge tossed an indictment against the cop who shot her son.
“That’s bulls–t! He killed my f–king child!” Constance Malcolm wailed. “What more can you do to me? You killed my goddamn child, you son of a bitch!”
A startled Judge Steve Barrett replied sympathetically, “I’m sorry. I have no choice.”
Barrett dismissed the manslaughter indictment against Officer Richard Haste, saying the prosecutor wrongly instructed the grand jury to disregard whether other cops had told Haste the 18-year-old was armed.
“In effect, the grand jury was told the communications of other officers were not relevant,” Barrett said. “This is wrong. Inadvertently, the DA’s instructions did mislead the jury. The grand jury is free to reject it, but should have been given the opportunity to consider it.”
Graham’s supporters shouted, “Murderer! Killer!” as Haste left the courtroom.
Court officers had to hold some back and let them out a few at a time.
“For public-safety reasons, we have to do it this way,” one officer said.
Prosecutors are mulling whether to appeal the decision, or to re-present the case to a grand jury.
“It cannot be said more forcefully that we disagree with the court. The memorandum which we submitted on this issue clearly outlines the reasons why we do,” said Bronx DA spokesman Melvin Hernandez.
Graham’s father, Frank, said in a statement, “I am angry and cannot express my feelings alone. I am ready to take it to the streets and the highest of the highest. Please be prepared for a major protest.”
Haste and other undercover cops chased Graham into his Wakefield home on February 2012.
The teen was flushing marijuana down the drain when Haste, thinking he was carrying a gun, shot him.
Haste did not speak with reporters as he left the courtroom, but Patrolmen’s Benevolent Association President Pat Lynch hailed the decision.
“We believe the information that was left out in the instruction to the grand jury was important,” he said. “What they left out was the information that Officer Haste had when he was in this terrible tragedy. That information goes into the decision making that any police officer makes in these types of circumstances.”
In a statement, the Rev. Al Sharpton blasted the ruling and said there would be a rally on Saturday.
“This is an outrageous miscarriage of justice and an insult to the family and supporters of Ramarley Graham,” he said. “We demand that a new grand jury is convened immediately and that the case is re-presented.”