Staten Island D.A. won’t seek charges in death of alleged robber

The Richmond County district attorney won’t seek criminal charges in the death of a Staten Island man who allegedly showed a fake gun during a robbery attempt and died after his would-be victims disarmed and restrained him until he lost consciousness.

Michael E. McMahon, the district attorney on Staten Island, said in a statement to Gothamist that criminal charges “were not appropriate” in the death of 33-year-old Robert E. Compton III, who died in the confrontation Sept. 11 with two men police said he had tried to rob. His death was widely reported when it occurred; the outcome of the D.A.’s inquiry was not.

“The death of Robert Compton was a tragedy, and we join his family and loved one in mourning that he is no longer with us,” McMahon said in the statement. “As we do in every case, we thoroughly examined all available facts, circumstances, and evidence that preceded his passing, and concluded that criminal charges were not appropriate.”

McMahon’s office declined to make someone available to answer additional questions, including the identities of the two men Compton allegedly tried to rob in the early morning encounter, on a sidewalk in Eltingville. The Office of the Chief Medical Examiner did not return phone calls or emails seeking comment.

Initial media reports of Compton’s death, citing statements by the NYPD and law enforcement, said the men disarmed Compton after he demanded their property and displayed what turned out to be a BB-gun. According to the reports, Compton was taken down by a “martial-arts-style move,” grabbed around the neck and held until police, summoned by a 911 call, arrived.

Compton was unconscious when transported to a local hospital, where he laterwas pronounced dead.

His death brings to mind the killing of 30-year-old Jordan Neely, who died after being placed in a chokehold by another subway commuter in Manhattan on May 1. In that case, however, there were no public statements that Neely, described by witnesses as acting erratically before being wrestled to the train floor, had threatened anyone. Daniel Penny, 24, faces a charge of second-degree manslaughter in Neely’s death.

Relatives of Compton could not be reached for comment. An obituary posted online said he had worked on building projects as a member of Laborers Local 731.