The Erie County Medical Examiner’s Office has ruled on the cause of death of blind refugee Nurul Amin Shah Alam. The cause of death was found to be complications from an ulcer aggravated by hypothermia and dehydration.
The manner of death was determined to be homicide.
"We have to be careful," said Attorney Rosanna Berardi of Berardi Immigration Law. "This is not saying that someone is going to be held for homicide. This is not an indictment. It's merely a medical term for the Medical Examiner."
Alam was found dead near KeyBank Center days after he was released from custody by U.S. Customs and Border Protection back in February.
Berardi was asked about possible criminal charges.
"It's unlikely to result in a criminal indictment because the case involves federal law enforcement officers who have immunity when they're on the job."
She said what will most likely happen is a civil lawsuit, indicating that cause of death was due to negligence for example.
"Any law enforcement officer that engages in conduct on duty, is protected by federal immunity. We have seen that go outside of the lines when officers in police situations do something that is not within the scope of their duty. But in this case we'll see if there is enough to create a criminal indictment, but I think it's unlikely. The Erie County District Attorney and State Attorney General will have to look at this very closely," Berardi added.
"Any law enforcement officer that engages in conduct on duty is protected by immunity"
