FILE - In this Sept. 3, 2020, file photo, Joe Prude, brother of Daniel Prude, right, and his son Armin, stand with a picture of Daniel Prude in Rochester, N.Y. Daniel Prude, 41, suffocated after police in Rochester put a "spit hood" over his head while he was being taken into custody. He died March 30, after he was taken off life support, seven days after the encounter with police. The independent investigator leading a probe of the city's handling of Prude's death says the ex-police chief is refusing to cooperate. (AP Photo/Ted Shaffre, File)