WIVB News 4 recently reported on New York State Attorney General Letitia James’ announcement that her office has ended its criminal investigation into the death of Rohingya refugee Nurul Amin Shah Alam. James stated that she has determined that her office lacks the authority to prosecute the federal Border Patrol agents involved.
To help viewers understand the legal issues surrounding the Attorney General’s announcement and what could happen next, WIVB News 4 spoke with attorney Barry Covert to provide legal analysis on the case.
During the interview, Barry Covert discussed:
- the timing of the Attorney General’s announcement that her office lacks the authority to prosecute this case;
- the challenges that the Erie County District Attorney’s Office may face if it attempts to pursue criminal charges; and
- the likelihood that civil lawsuit may be filed against U.S. Customs and Border Protection agents in the death of Shah Alam.
The following are details on the information Barry Covert provided legal analysis on for WIVB. Click the video at the bottom of this post to watch the full segment that was broadcast on WIVB News 4.
Background on The Death of Refugee Nurul Amin Shah Alam
In February, Shah Alam, a refugee from Myanmar, was found dead near KeyBank Center in downtown Buffalo, days after federal U.S. Customs and Border Protection agents dropped him off at a closed coffee shop miles from his home. His manner of death was later ruled a homicide. Local media reported that Shah Alam’s death sparked outrage and calls for accountability.
Five months after announcing that her office was investigating Shah Alam’s death, Attorney General James determined that the case falls outside the authority of the New York Attorney General’s Office of Special Investigation. As a result, any potential state criminal prosecution of the federal agents involved now rests with the Erie County District Attorney’s Office.
New York Attorney General Determines Her Office Lacks Authority to Prosecute Border Patrol Agents
New York State Attorney General Letitia James announced that her office lacks the authority to prosecute the federal Border Patrol agents involved in the events preceding the death of Nurul Amin Shah Alam.
James’ office had been investigating Shah Alam’s death for approximately five months. She ultimately determined that the matter falls outside the authority of the Attorney General’s Office of Special Investigation and that any potential state criminal prosecution now rests with Erie County District Attorney Mike Keane.
In his legal analysis, Barry Covert questioned the length of time it took the Attorney General’s office to reach its jurisdictional determination.
“Surprising it took five months for her to come to that determination,” Covert stated. “I would have thought a day or two of doing your due diligence, and reading through the statute and getting some legal opinions would tell you that. She apparently wanted five months to do so.”
The Attorney General’s decision does not end the possibility of a criminal investigation. Instead, responsibility for any potential state criminal prosecution now rests with the Erie County District Attorney’s Office.
Erie County District Attorney Faces Significant Challenges in Pursuing Criminal Charges
With the Attorney General’s office determining that it lacks authority to prosecute the federal agents involved, attention now turns to the Erie County District Attorney’s Office and whether it can pursue criminal charges related to Shah Alam’s death.
According to Barry Covert, significant practical and evidentiary obstacles could make bringing criminal charges extremely difficult.
“You don’t know who the agents are. You don’t have any names that you can indict. You can’t speak with the agents. They’re not cooperating. You don’t have the circumstances that that refugee was released under,” Covert stated.
Covert explained that these issues present substantial challenges for prosecutors attempting to determine whether criminal charges can be brought.
“So even though there’s certainly a desire to bring justice for him and he shouldn’t have died the way he did, it’s very difficult for the district attorney’s office to bring any criminal charges,” Covert stated.
The Erie County District Attorney’s Office has not announced whether it intends to prosecute anyone involved in the case. Its investigation remains ongoing.
Civil Litigation Could Be Filed Against Federal Agents
While significant obstacles may complicate a potential criminal prosecution, the matter could also lead to civil litigation.
WIVB concluded its report by noting that Barry Covert expects a civil lawsuit to be brought involving U.S. Customs and Border Protection.
The possibility of civil litigation represents a separate avenue through which the circumstances surrounding Shah Alam’s death and the actions of the federal agents involved could potentially be examined.
Questions Regarding Criminal Investigations, Civil Rights, or Constitutional Law
Barry N. Covert is a nationally recognized litigator with over thirty years of experience representing clients in complex litigation matters before federal and state courts.
His practice includes criminal defense, constitutional law, civil rights matters, and complex federal litigation. He regularly provides legal commentary and analysis to local and national media regarding significant legal developments and high-profile cases.
If you have questions regarding a criminal investigation, constitutional issue, or another complex legal matter, contact Barry Covert to learn more.
