The Erie County District Attorney’s Office does not usually confirm, deny, or comment upon an investigation unless and until someone has been charged with a crime. In light of certain reported inaccuracies, it is necessary to comment upon the investigation concerning the death of Richard Metcalf, Jr.

Mr. Metcalf died shortly after being in the custody of the Depew Police Department and the Erie County Sheriff’s Department. The New York State Police conducted an independent investigation to determine whether criminal charges were appropriate. Based upon the findings and the recommendations of the investigating agency, no criminal charges will be filed.