Haverhill DA Clears Officers in Restraint Death; Family to File Civil Rights Lawsuit

By Gemini News Service Wednesday, January 28, 2026

HAVERHILL, MASS. — Essex County District Attorney Paul Tucker announced Tuesday that his office will not seek criminal charges against the seven Haverhill police officers involved in the death of Francis Gigliotti.

Gigliotti, 43, died last July after a struggle with police that was captured on a distressing witness video. While the Chief Medical Examiner ruled the death a homicide, the D.A. stated that an independent investigation found the officers’ use of force to be “legally supportable” and “reasonable” under the circumstances.

The decision has ignited a firestorm of criticism from Gigliotti’s family, who immediately announced their intent to file a massive civil lawsuit against the City of Haverhill and its police department for negligence and civil rights violations.

I. The Ruling: A Divided Classification

The investigation into Gigliotti’s death lasted over six months, involving expert analysis of witness footage and medical reports. On Tuesday, D.A. Tucker met with Gigliotti’s family to deliver the news that no criminal prosecution would take place.

The D.A.’s Conclusion

• Independent Expert: The D.A.’s office retained an independent use-of-force expert who determined the officers acted within their training and “honored their oath” during the encounter.
• Medical Nuance: While the medical examiner classified the death as a homicide, Tucker clarified that this is a clinical term meaning death at the hands of another, not necessarily a criminal act.
• Evidence of Life-Saving: The investigation highlighted that officers called for an ambulance before the struggle turned physical and attempted CPR once Gigliotti became unresponsive.

“Criminal charges are not supportable and will not be pursued,” Tucker said. “Our investigation looked at the totality of the circumstances, including the medical examiner’s report and the actions taken by the officers.”

II. The Fatal Encounter: 145 Seconds of Restraint

The incident occurred on July 11, 2025, on White Street. Police were called to reports of a man “behaving erratically” and walking into traffic.

The Takedown

Surveillance and cell phone videos show Gigliotti speaking with two officers before suddenly fleeing toward the Bradford Seafood restaurant. Several officers converged, taking him to the ground in a prone (face-down) position.

• The Duration: Gigliotti was held on the ground for 2 minutes and 25 seconds.
• The Struggle: In the footage, Gigliotti can be heard crying for help and complaining that he cannot breathe.
• The Outcome: He became unresponsive at the scene and was later pronounced dead at a local hospital.

III. The Medical Report: “Prone Restraint” Cited

The Chief Medical Examiner’s report remains a central pillar of the family’s argument for accountability.

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