Daphy Michel, a Haitian immigrant who died days after her release from ICE custody, was a victim of homicide, the Allegheny County Office of the Medical Examiner announced Friday.
Michel, 31, who lived in Charleroi, died March 2 of hypothermia, the medical examiner said in an update on her case issued mid-afternoon. She was found in a South Shore bus station, where she spent at least 24 hours, largely in sub-freezing temperatures, according to a Pittsburgh’s Public Source investigation.
Michel had spent six months in the Washington County Correctional Facility on misdemeanor charges. When they were withdrawn, she was handed over to ICE. The agency has said she was an “illegal alien,” and was fitted with an ankle bracelet and released in the South Side on Feb. 28.
The county released a statement on the finding of homicide.
“The opinion of the forensic pathologist in this case is that Ms. Michel was a vulnerable adult, suffering from untreated severe mental health issues and a significant language barrier when she was released from federal custody,” according to the statement. “Based on all available information during the investigation, the pathologist ruled Ms. Michel’s death a homicide.”
That manner of death finding means “the death was caused by the actions of another individual,” the statement continued, but is “not to be interpreted as a declaration of criminal guilt.”
Photos: Haitian woman released by ICE spent 24 cold hours in bus shelter prior to death
The office indicated it would have no further comment.
The U.S. Attorney’s Office, which prosecutes federal crimes, declined comment. Public Source reached out to an ICE spokesperson, who did not provide immediate comment.
A spokesperson for the Allegheny County District Attorney said their office would not provide a full comment until they obtained more information.
“We must obtain a copy of the official report and opinion and any and all records relied on by the report, in order to determine the basis for the finding of homicide as the manner of death which requires a finding the death occurred ‘at the hand of another’,” said Rebecca Spangler, chief of staff for the District Attorney, said. “We do express our heartfelt sympathy to the family of Ms. Michel.”
Democratic officials responded to the finding with criticism of ICE’s treatment of Michel.
Allegheny County Executive Sara Innamorato said ICE’s handling of Michel “showed a callous disregard for a person with severe mental health challenges who needed help.”
“My hope is that justice is served for the victims and more accountability, oversight, and consequences are put into action by the federal government to end these preventable tragedies,” she added.
U.S. Rep. Summer Lee, D-Swissvale, said Michel’s death was “preventable and is the result of a violent system that cages people, surveils them, abandons them, dehumanizes them in life, and smears them in death to escape accountability.
“Rather than pour billions more into the agency that murdered her,” Lee wrote in her statement, “we must abolish ICE and build systems rooted in equity and basic human dignity.”
Holly Hickling, executive director at the Global Switchboard, who helped organize a vigil for Michel, said she had not heard about the cause of death ruling but said she was troubled by the conditions in which Michel was released from ICE custody.
“Having someone who doesn’t speak English and has challenges with mental health, she shouldn’t have been left alone on the streets,” she said.
Death of Haitian immigrant still an unsettling mystery seven weeks later
Joseph Murphy, a lawyer who has represented Michel’s family since her death, said he is still “investigating” whether it’s likely to be ruled a homicide with intent, but he expects a civil suit to follow in the coming weeks.
“They should not have just dropped her like that,” he said of ICE.
Murphy said he has reached out to the family since the ruling but not yet made contact.
“It hurts,” he said. “Even though we knew this was coming.”
Rich Lord is the managing editor of Pittsburgh’s Public Source and can be reached at rich@publicsource.org.
Jamie Wiggan is the deputy editor of Pittsburgh’s Public Source and can be reached at jamie@publicsource.org.
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