Grand Jury Will Hear Evidence on Eric Garner's Death

Eric-Garner-Funeral-Caleb-Ferguson.jpg
Photo by Caleb Ferguson
Pallbearers carry Eric Garner's coffin at his funeral in Brooklyn July 23.
The Staten Island District Attorney's office says a grand jury will hear evidence on the death of Eric Garner, the 43-year-old man who died in July after NYPD officer Daniel Pantaleo put him in a chokehold. A press release sent out this morning by Staten Island DA Daniel M. Donovan Jr.'s office didn't mention Office Pantaleo by name, saying only that "after a careful review of the recent findings of the Medical Examiner regarding the cause and manner of Mr. Garner's death," he'd decided to present the case to a grand jury.

The city's Medical Examiner ruled on July 1 that Garner's death was a homicide , caused by compression of his neck and chest and exacerbated by his obesity and asthma. The Patrolmen's Benevolent Association, the largest union representing NYPD officers, rejected the report as "political" and insisted that Garner wasn't placed in a chokehold at all.

See also: 'I Was Choked by the NYPD': New York's Chokehold Problem Isn't Going Away

""It is not a chokehold," PBA president Patrick Lynch said at a press conference earlier this month. "It was bringing a person to the ground the way we're trained to do to place him under arrest."

Grand juries hear evidence from the District Attorney's office on alleged crimes and determine whether to indict someone. Grand jury proceedings are secret, meaning that we don't know who's on a grand jury, what day they meet, or what evidence they see. Records from grand jury proceedings are never released to the public. Witnesses are sometimes called to testify before grand juries, though not always. The main witness in Garner's death, his friend Ramsey Orta, 22, was arrested a short while later and charged with gun possession, which he's claimed was retaliation by the NYPD.

In his statement, Donovan made sure to stress that no information about the grand jury will be released, although he did say they would be impaneled and begin hearing evidence sometime next month. He also promised the proceedings would be fair and impartial: "Mindful of the solemn oath to enforce the law that I took when I was first sworn into office as District Attorney in January of 2004, and with a full appreciation that no person is above the law, nor beneath its protection, I assure the public that I am committed to conducting a fair, thorough, and responsible investigation into Mr. Garner's death, and that I will go wherever the evidence takes me, without fear or favor."

The full statement from DA Donovan's office is on the following page.


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