Alvin Bragg clarified his original memo after an outcry.
Bragg conceded the “Day One” memo that outlined his approach “has been a source of confusion, rather than clarity,” according the letter to his staff sent Friday.
“Violence against police officers will not be tolerated. We will prosecute any person who harms or attempts to harm a police officer,” Bragg’s letter said.
Bragg backtracked on how the office will prosecute commercial robbery.
“A commercial robbery with a gun will be charged as a felony, whether or not the gun is operable, loaded, or a realistic imitation. A commercial robbery at knifepoint, or by other weapon that creates a risk of physical harm, will be charged as a felony,” the letter said. “In retail thefts that do not involve a risk of physical harm, the Office will continue to assess the charges based on all of the aggravating and mitigating circumstances presented.”
Bragg also sought to reassure assistant district attorneys they retained discretion in the way they handle cases after his initial memo required them to “obtain the approval” of a supervisor to deviate from his policies.
“You were hired for your keen judgment, and I want you to use that judgment – and experience – in every case,” Bragg said.