The district attorney in Erie County has filed motions to allow the state attorney general to look into the death of a Rochester woman while she was in the care of the Erie County Jail.
A report released by a state commission last month found that India Cummings’ 2016 death should be considered “homicide by medical neglect.” Cummings died of cardiac arrest shortly after being moved from the jail to a hospital.
The report found that jail officials failed to address medical and mental issues for Cummings in the days leading up to her death.
In a statement Thursday, Erie County District Attorney’s Office said it has filed a motion calling for an investigation by the attorney general or a special prosecutor to be appointed for the case.
The DA’s office adds that a judge has also allowed for evidence to be presented to a grand jury in the case. The attorney general’s office says it will review the evidence and make a decision in the next two weeks on whether it has jurisdiction over the case.
If the AG rules they cannot oversee the case, it will be transferred to a special prosecutor, the district attorney further explained.