New York Congressional Representatives Seek Federal Probe Into Eric Garner Death
New York congressional representatives Hakim Jeffries and Yvette D. Clarke said at a press conference outside the headquarters of the NYPD that they've written to Attorney General Eric Holder of the Department of Justice requesting a federal probe into the sudden death of Eric Garner.
"In order to have a fair and impartial investigation that could potentially lead to justice, the federal government has got to get involved," said Jeffries, a Democrat who represents New York's 8th District, which includes sections of Brooklyn and Queens.
Jeffries and Clarke are joined by Gregory Meeks, Charles Rangel, Jose Serrano and Nydia Velazquez in their request for a federal probe. They said despite the medical examiner's determination, the police officer who applied the chokehold has not been detained and remains on the police department's payroll.
Garner, a 43-year-old father of six, died after being placed in an apparent chokehold by police who were trying to arrest him for allegedly selling loose, untaxed cigarettes. Cellphone video of the incident shows an officer placing his arm around Garner's neck and then taking him to the ground after Garner refuses to be handcuffed. Garner, who weighed at least 350 pounds and suffered from asthma, is heard saying repeatedly in the video, "I can't breathe!"
The medical examiner's office later ruled Garner's death a homicide, caused by the officer's chokehold as well chest and neck compressions and prone positioning "during physical restraint by police."
"In the early 1990s, we had a similar chokehold case where police officer Francis Livoti put Anthony Baez, an unarmed Latino man in the Bronx that was playing football on a New York City street, into a chokehold and killed him. Once again, this court system failed to deliver justice. Officer Livoti was acquitted in New York State court. And it wasn't until the Department of Justice stepped in and commenced a prosecution where Francis Livoti was held to account for the death of Anthony Baez. The family of Eric Garner, the people of New York City deserve no less," said Jeffries.
Representative Clarke, of New York's 9th District, said the chokehold has been prohibited by New York Police Department regulations for more than twenty years. "The chokehold was prohibited for a reason. The tactic was derieved from the martial arts to prevent normal breathing. It is evident by all accounts the chokehold remains a tactic utilized by some officers depsite its prohibition. The Civilian Complaint Review Board has received several hundred complaints of chokeholds. This is unacceptable."
Jeffries said they have also asked the Department of Justice to commence an investigation into the "Broken Windows" policing strategy that has been deployed by the NYPD with renewed aggression during this administration.
"I believe the majority of police officers are good men and women, dedicated public servants, committed to serving every single community, but we have a broken windows policing strategy where selected law enforcement is in place in communities of color and largely directed at black and Latino men; something is wrong with that ... leading to the criminalizing of young men of color that is unfair and unjust," Jeffries said.
The Justice Department said it is reviewing the letter.
Staten Island District Attorney Dan Donovan's office released a statement saying it "is continuing with its investigation into the circumstances surrounding Mr. Garner's death," according to CBS New York.
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