New York judge orders judicial review of Eric Garner case

Five years after the death of Eric Garner, the New York Police Department has terminated Daniel Pantaleo, the officer involved in Garner's fatal arrest.

Posted: Sep 29, 2020 11:51 PM
Updated: Sep 29, 2020 11:51 PM

Eric Garner's mother has won her bid for an investigation into New York City's handling of the arrest of her son, the disciplining of officers involved in his 2014 death and the lack of medical care he was given by police officers, a state judge ruled.

"Although the arrest and death of Eric Garner has received considerable attention in the press over the past six years, many facts relating to his arrest and death, and the investigations and any disciplinary actions taken in response to his death, have not been disclosed to the public or to the family of Mr. Garner," New York State Supreme Court Judge Joan Madden wrote in her Thursday decision.

Gwen Carr, Garner's mother, wants to be able to question officials including New York City Mayor Bill de Blasio, former New York Police Commissioner James O'Neill and others as part of an inquiry into potential violations and "neglect of duties" in their handling of Garner's arrest and death. CNN has reached out to McNeill and to de Blasio's office comment.

What Carr petitioned for is known as a summary judicial inquiry, a procedure created by the New York City charter that allows for certain people to be allowed to petition a judge to conduct an inquiry into "any alleged violation or neglect of duty in relation to ... the government or affairs of the city" in which the people being investigated may be required to attend and be questioned.

The officer seen holding Garner in a chokehold before he died, Daniel Pantaleo, was given a disciplinary trial in 2019, when an administrative judge overseeing the trial found Pantaleo committed "grave misconduct" and recommended he be fired.

Pantaleo was fired by the NYPD days later. Pantaleo was never criminally charged. He sued the police department in 2019 asking for his reinstatement, but the case is no longer active.

Carr's petition asks the inquiry to go beyond Pantaleo's actions, and wants to ask other city officials questions about Garner's arrest and the force used by officers on him.

They also want to ask city officials about possible failures to train NYPD officers in the use of force and chokeholds and possible violations for filing "false official NYPD documents" concerning Garner's arrest.

Petition alleges possible false statements

The petition also seeks to ask city officials about possible false statements that were made during an internal investigation, leaking of Garner's arrest record and medical history, and about "incomplete and inaccurate" statements to the media by the city about the incident.

"It has been more than six long years since the NYPD killed my son, and six long years of cover ups and excuses from Mayor de Blasio and his entire administration. Today is an important sign of hope that their misdeeds will not stay in the dark -- the world will know what they did to my son and my family," said Carr.

"We have seen the video. We have heard my son cry 'I can't breathe' as he died. Now we have a chance to finally show that the Mayor has allowed the police department to get away with murder -- and the related cover-up. I hope New Yorkers join me in my ongoing demand for the immediate firing of all the officers who engaged in misconduct related to my son's murder."

New York City's law department argued in its filings that the part of the city charter that allows for a judicial inquiry is meant to be used for concerns of "corruption and misapplication of funds."

In response to the judge's decision, a spokesman for the Law Department for New York City said the office is appealing the decision and that officers were held accountable in Garner's death.

"So much information about the incident has been made available through the various investigations," said Nick Paolucci, Law Department spokesman.

"There is no evidence that the Mayor or any other agency head or official neglected their duties or otherwise violated the law. There is no legal basis for a judicial inquiry to second guess the decisions that the law vests in the mayor and police commissioner."

Alvin Bragg and Gideon Oliver, attorneys with Communities United for Police Reform, who are representing Carr and others in the case, said the decision allows for accountability for de Blasio and NYPD officials who have "have proven themselves time and time again unaccountable in any meaningful way to the families of those killed by police."

"For years, the City and the NYPD have made every effort to avoid public scrutiny around the NYPD killing of Eric Garner and their insufficient investigations and other responses," Bragg and Gideon said in a statement. "(Thursday's) decision ordering a public judicial inquiry creates a real opportunity for public transparency -- including around the Mayor's and NYPD's political choices about what to do (and what not do to) in response."

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 728811

Reported Deaths: 13405
CountyCasesDeaths
Marion996911740
Lake53548966
Allen40529675
St. Joseph35596550
Hamilton35536408
Elkhart28470441
Tippecanoe22375218
Vanderburgh22293396
Porter18701307
Johnson17923378
Hendricks17199315
Clark12943191
Madison12612339
Vigo12437246
Monroe11873170
LaPorte11856210
Delaware10667186
Howard9895216
Kosciusko9390117
Hancock8260140
Bartholomew8058155
Warrick7777155
Floyd7653178
Wayne7035199
Grant7032174
Boone6687101
Morgan6557139
Dubois6150117
Marshall6016111
Dearborn580077
Cass5794105
Henry5699103
Noble559883
Jackson501172
Shelby490696
Lawrence4522120
Harrison435072
Gibson434792
DeKalb427185
Clinton427053
Montgomery423688
Whitley395239
Huntington390080
Steuben385557
Miami381166
Knox371890
Jasper364747
Putnam359660
Wabash353479
Adams341054
Ripley339170
Jefferson329281
White313554
Daviess296299
Wells291381
Decatur284792
Fayette279562
Greene277885
Posey271333
Scott265653
LaGrange265570
Clay259447
Washington240332
Randolph239781
Spencer232131
Jennings229849
Starke215953
Fountain212046
Sullivan211442
Owen198756
Fulton194840
Jay193630
Carroll188520
Orange182654
Perry182637
Rush173025
Vermillion168843
Franklin167835
Tipton162845
Parke146116
Blackford134632
Pike133734
Pulaski116645
Newton107734
Brown101941
Crawford99514
Benton98514
Martin88615
Warren81815
Switzerland7858
Union71010
Ohio56511
Unassigned0414

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1082815

Reported Deaths: 19428
CountyCasesDeaths
Franklin1258081400
Cuyahoga1119722115
Hamilton799721205
Montgomery514061014
Summit47145945
Lucas42119788
Butler38338584
Stark32273906
Lorain24997481
Warren24274298
Mahoning21546588
Lake20653369
Clermont19761238
Delaware18512133
Licking16418212
Fairfield16176199
Trumbull16032468
Medina15268264
Greene15063244
Clark13983299
Wood13080189
Portage12839203
Allen11639232
Richland11349199
Miami10670217
Muskingum8803133
Wayne8793211
Columbiana8778229
Pickaway8564121
Marion8523135
Tuscarawas8473244
Erie7888154
Hancock6914127
Ross6846155
Ashtabula6805170
Geauga6686148
Scioto6406101
Belmont5881167
Union570848
Lawrence5549102
Jefferson5525151
Huron5430119
Darke5355123
Sandusky5347120
Seneca5282121
Athens519158
Washington5155109
Auglaize490784
Mercer480385
Shelby469293
Knox4486110
Madison435661
Putnam4278100
Fulton422469
Ashland421789
Defiance419697
Crawford3975107
Brown394157
Logan381676
Preble379598
Clinton372163
Ottawa366679
Highland355062
Williams339275
Champaign331658
Guernsey315653
Jackson312551
Perry294950
Morrow284939
Fayette281950
Hardin270864
Henry268666
Coshocton265257
Holmes2603101
Van Wert243463
Adams237852
Pike237634
Gallia235349
Wyandot231055
Hocking215362
Carroll191547
Paulding172640
Meigs144840
Noble133337
Monroe132042
Morgan108423
Harrison108137
Vinton83115
Unassigned02
Fort Wayne
Cloudy
46° wxIcon
Hi: 46° Lo: 37°
Feels Like: 40°
Angola
Cloudy
46° wxIcon
Hi: 47° Lo: 34°
Feels Like: 44°
Huntington
Partly Cloudy
46° wxIcon
Hi: 46° Lo: 38°
Feels Like: 41°
Decatur
Cloudy
46° wxIcon
Hi: 44° Lo: 38°
Feels Like: 40°
Van Wert
Cloudy
43° wxIcon
Hi: 43° Lo: 33°
Feels Like: 36°
The rain, and snow, that impacted us on Sunday will be long gone on Monday, allowing us to dry out! Unfortunately, the chilly air will hang around.
WFFT Radar
WFFT Temperatures
WFFT National

Community Events