States District Judge Nicolas Garaufis (EDNY)
On May 1, 2002, Special Agents of the Drug Enforcement Administration and Detectives from the New York City Police Department were conducting a narcotics investigation in the Flatbush Section of Brooklyn, NY. During the course of this investigation, agents attempted to arrest Egbert Dewgard who was the primary suspect of the investigation. During the attempt to arrest Mr. Dewgard, a struggle ensued and Special Agent Jude Tanella's weapon discharged resulting in the death of Mr. Dewgard. A bag containing approximately three kilograms of cocaine was found in close proximity to his body.
A Grand Jury investigation into this matter was conducted by the Kings County District Attorney's Office, and the Drug Enforcement Administration cooperated fully with this investigation. On October 31, 2002, a Grand Jury in Brooklyn, NY returned an indictment for manslaughter in the death of Mr. Dewgard.
A Notice of Removal was filed in the Eastern District of New York pursuant to 28 U.S.C.1442(a)(1) (Immunity Supremacy Clause). On January 13, 2003, United States District Judge Nicolas Garaufis granted the removal of prosecution from the Supreme court of New York, Kings County.
On May 12, 2003 US District Judge Garaufis heard oral arguments regarding Agent Tanella's motion, pursuant to Rule12(b) of the Federal Rules of Criminal Procedure, to dismiss the indictment on the ground that he is immune from prosecution under the Supremacy Clause of the United States Constitution.
On September 3, 2003, Agents Tanella's motion was granted and the indictment dismissed.
To read US District Judge Garaufis's decision click on the link below: