Saying he was making good on campaign promises, Saratoga Springs’ newly-elected Commissioner of Public Safety James Montagnino put forward a resolution at his first city council meeting, Tuesday Jan. 4, that would ask the county district attorney to open a grand jury investigation into the death of Darryl Mount, a biracial man who died in 2014 after a chase with police that left him in a coma.
Mount's death has been a focal point for Black Lives Matter protestors in the city.
The resolution, unanimously approved by the city council, authorized the mayor to write a letter to the DA’s office “Requesting a Grand Jury Investigation Pursuant to Criminal Procedure Law Article 180 re the Daryl Mount Matter.” Montagnino has since said that it is Article 190.55, not 180.
Mount was a biracial man who was chased by Saratoga Springs Police after midnight one day in 2012. Police said he fell from scaffolding during the chase, and he died of the injuries, in 2013, after spending months in a coma.
Mount’s family has brought a civil case against the city, and the city has asked for a summary judgement to close the case. The judge’s decision on that case has not yet come.
Montagnino has spoken about the grand jury investigation before, referring again in an interview today to an “investigative grand jury” that would look at the case, but would likely not bring charges. He has said that the statute of limitations has passed for most charges that might be brought. Murder is the only charge that has no statute of limitations, but no one reasonably would expect a murder charge in this case, he said.
A grand jury still has power.
"[A grand jury] has the power to compel the production of witnesses, to comple the production of documents," Montagnino told the board when he brought the motion forward. The DA is the only person who can create this type of grand jury in this situation, Montagnino told the council. The New York State Attorney General cannot create a similar grand jury.
District Attorney Karen Heggen was not willing to speak on the matter since she has not yet gotten the letter.
“I don’t have anything from them,” indicating the city council, she said.
Article 190.55 says a grand jury may hear and examine evidence “concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.”
Montagnino, who has been reading the documents surrounding the civil case, says that he sees potential malfeasance with Police Chief Gregory Veitch, who told reporters at the time that a full investigation was conducted but that under oath, Veitch admitted it was not conducted.
Montagnino said that Veitch's contradiction is clear in his reading of the civil documents.
“To me that’s pretty clear evidence of malfeasance,” Montagnino said.
Lexis Figuereo, the leader of the Saratoga Black Lives Matter organization, said today in an interview that he was happy the city is moving in this direction, though he would be surprised if the DA’s office moved forward with an investigation.
His group has been vocal in their wish for a full investigation.
“At this time, I have some confidence in them actually making some changes,” Figuereo said of the new city council. Four new members were elected in November.
He has said in the past that the group has avoided protests since the July 14, 2021 protest that led to many arrests. Since then, the group has held vigils and has conducted get-out-the-vote rallies, Narcan training, and food pantry events.
He said “we are hoping not to” continue with local protests, but they would act in a “sign of solidarity” if events around the country or the state brought protestors to the streets again.