Four years ago today, Eric Garner was killed on Staten Island by police. The 43-year-old father died after he was put in a chokehold by New York Police Department Officer Daniel Pantaleo. His last words, 鈥淚 can鈥檛 breathe鈥� 鈥� repeated 11 times while half a dozen officers did nothing to intervene 鈥� helped fuel a movement for police accountability that continues today.
Yesterday, the that, after waiting more than three years for a federal investigation into Garner鈥檚 killing to conclude, it will move forward with its own inquiry into Garner鈥檚 death. In a letter to the Department of Justice, NYPD Deputy Commissioner Lawrence Byrne wrote that if the Justice Department does not publicly announce whether it will bring charges against Pantaleo by August 31, the city will serve Pantaleo with departmental charges and try him in an administrative trial in early 2019.
The announcement on the eve of the anniversary of Garner鈥檚 death was almost certainly designed to help Mayor Bill de Blasio avoid criticism from Garner鈥檚 family and other advocates, who have been pushing the city to take action. This decision by the city, while welcome, does not excuse the administration for taking so long to do anything and also proves that the excuses for not taking action were flimsy at best.
To fully understand why this delay has been so frustrating, we should look back at how we got here.
A month after Garner鈥檚 death on Staten Island, then Richmond County District Attorney Daniel Donovan failed to secure an indictment against Pantaleo. Since then, Garner鈥檚 supporters鈥� hopes for accountability have hinged on an ongoing federal investigation launched in 2014 by the Justice Department. The investigation began under Attorney General Eric Holder, continued under Attorney General Loretta Lynch, and is now proceeding under the current head of the Justice Department, Jeff Sessions.
In April, that civil rights attorneys for the Justice Department recommended filing charges against Pantaleo, but top Justice Department officials expressed doubts about the case. Nearly three-and-a-half years after it opened a civil rights investigation into Garner鈥檚 death, there is no sign a decision from the Justice Department, one way or the other, is coming anytime soon.
As the federal investigation drags on, leaders in New York City refused, until yesterday, to take action. The Justice Department had asked the city to refrain from conducting its own investigation while the federal inquiry was ongoing. The city鈥檚 top lawyer, Zachary Carter, in February that, while New York is under no obligation to hold off on investigating, the city agreed to wait.
Last year, however, the Civilian Complaint Review Board, the independent agency charged with investigating NYPD officer misconduct, conducted its own investigation into the Garner killing. The board found that charges should be brought against Pantaleo and recommended that he should face the stiffest punishments possible: suspension or termination. This was the third finding of abuse against Pantaleo by the CCRB, including two cases that happened prior to his role in the killing of Eric Garner.
If the Justice Department doesn鈥檛 announce the results of its investigation by the end of August, CCRB prosecutors, according to Deputy Commissioner Byrne, will present an administrative case against Pantaleo next year. The board could then make a recommendation to NYPD Chief James O鈥橬eill, who will have the ultimate say in what punishment, if any, Pantaleo receives. You read that correctly. Under New York state law, only police commissioners have the authority to discipline police officers, meaning O鈥橬eill can completely disregard the CCRB鈥檚 recommendations.
There is no reason the city should not have taken these steps much sooner. Not doing so gives the appearance of complete impunity at the NYPD, which, given its size and influence, has a ripple effect on police departments across the country.
Since Garner鈥檚 unnecessary and avoidable death, his family has fought tirelessly, even as they experienced additional tragedy. In December 2017, Garner鈥檚 daughter Erica, who fiercely fought for justice for her father, died suddenly. On Dec. 30, Mayor de Blasio joined activists and family members in mourning her loss, tweeting, 鈥淚 am praying for her family, who have already been through so much.鈥�
De Blasio鈥檚 decision yesterday proves that the mayor can do much more than pray for Garner鈥檚 family. Meanwhile, Pantaleo remains on the NYPD payroll, and Eric Garner鈥檚 family continues to wait for justice.
