Garner Family Seeks Court Order To Force Mayor, Police Commissioner To Testify

Eric Garner's mother, Gwen Carr, has accused city officials of neglecting their duties.

New York, NY – The family of Eric Garner has asked the court to force the city’s police commissioner and mayor to answer questions about alleged police misconduct under penalty of perjury in connection with Garner’s 2014 death.

Garner’s family accused the New York Police Department (NYPD) of failing to be transparent about the police disciplinary process, and alleged that the department has attempted to “sweep this under the rug” by not punishing other officers who the family believes contributed to Garner’s death, the Associated Press reported.

“There is no area of local government where public accountability is more necessary than policing, especially when police conduct results in the loss of life,” the family’s attorneys said in the petition for a summary judicial inquiry.

“Yet, there has been scant information released by the city about Mr. Garner’s death,” they said.

The hearing would allow city officials to be questioned about alleged misconduct, and transcripts of their testimonies would subsequently be released to the public, the Associated Press reported.

“Our hope is to hold everyone who was involved in my son’s murder accountable,” said Garner’s mother, Gwen Carr, according to the New York Post.

The family has alleged that NYPD Commissioner James O’Neill, New York Mayor Bill de Blasio, and numerous other city officials neglected their duties with regards to how Garner’s death was investigated and handled.

“After all of the games they have played for more than half a decade, we have no faith that they have really been diligent in investigating officer misconduct,” Carr and Garner’s sister, Ellisha Flagg Garner, said in a statement, according to the Associated Press.

NYPD and City Hall said that a summary judicial inquiry is unwarranted, and that there has already been a public trial for former NYPD Officer Daniel Pantaleo, who was fired on Aug. 19 in connection with Garner’s death.

“The police commissioner promised the people of New York a fair, thorough, and unbiased trial process, and that is precisely what occurred,” NYPD spokesperson Phil Walzak told the Associated Press.

By law, personnel records have to be kept private, which has affected how much information about disciplinary cases has been released.

Commissioner O’Neill has said he would support an effort to change that law, the Associated Press reported.

Garner was arrested by NYPD officers on July 17, 2014, after police stopped him for selling individual, untaxed loose cigarettes on a city sidewalk.

He resisted arrest and fought with officers who struggled to take the 350-pound man into custody.

In the process of subduing Garner, video taken by witnesses showed that Officer Pantaleo had his arm around Garner's neck and pressed his face against the sidewalk.

Garner repeatedly told officers “I can’t breathe,” a phrase that became a rallying cry for Black Lives Matter in the months that followed.

Officer Pantaleo later said he tried to use a “seatbelt maneuver” on Garner, and did not mean to put the much larger man into a choke hold.

Garner lost consciousness on the sidewalk, and died in the hospital an hour later from a medical emergency.

The autopsy report showed no damage to any area of his neck, and it was determined that he died of a medical emergency induced by officers who were arresting him. The medical examiner declared it was a homicide.

A New York Grand Jury declined to indict on any criminal charges.

The federal inquiry dragged on for five years and ended in July with federal prosecutors deciding not to charge Officer Pantaleo.

On Aug. 2, NYPD Deputy Commissioner of Trials Rosemarie Maldonado issued a non-binding verdict that said Officer Pantaleo was not guilty of aggravated assault or obstructing breathing, but that he had violated department policy regarding the use of chokeholds, WABC reported.

When NYPD Police Commissioner O’Neill announced Officer Pantaleo’s termination, he insisted that politics had nothing to do with his decision.

“The unintended consequence of Mr. Garner’s death must have a consequence of its own,” Commissioner O’Neill told reporters at a press conference at NYPD headquarters.

He disputed rumors that City Hall and de Blasio had ordered him to fire the controversial police officer, and said his 34 years as an NYPD police officer had made it a difficult decision.

“If I was still a cop, I’d probably be mad at me. ‘You’re not looking out for us.’ But I am,” Commissioner O’Neill said.

He said that he had considered a separation option for Officer Pantaleo that would have let him keep his pension, but ultimately, decided to do a straight-forward termination and deny him his pension.

Attorney Stuart London said that now-former Officer Pantaleo would be filing an appeal of his termination under Article 78.

Comments (67)
No. 1-25
flybynight
flybynight

“Our hope is to hold everyone who was involved in my son’s murder accountable,” said Garner’s mother, Gwen Carr, according to the New York Post"

Starting with you lady!!!! What a dim wit🙄

Woobie46
Woobie46

She looks like she's up to the job of questioning or cross-examining the commish...he's such a chickenshit, though, he might faint or start crying! She's a beaut!

Ever watching
Ever watching

If her lil baby boo had just complied then he could've went to court and deal with it

Aramovich
Aramovich

Looks to me like someone has got to the family and is using them as a political tool.

sixlette
sixlette

They need to pass a law , where , if someone was involved in a crime , and dies...the family " CANNOT " sue for monetary values....the lawsuits seeking money , as a result of crimes are laughable ......

Ngtowl1966
Ngtowl1966

Didn’t they already receive millions from the tax payers

StuckinIL
StuckinIL

I would hold her responsible, slap those cheese burgers away and make him walk around the block now and again he would never have had the heart attack that killed him. It is not the officers the guy had a heart attack. If I fall over fighting with someone it's not their fault it was the last ten horseshoes I stuff down my face. Now if there is some other obvious violence that killed me a gun shot a ball bat whatever then the person should be in trouble. When you could have just shown up at court and took care of the problem and not make the police coming a get you, who's fault is that. If you would have just went with the officer willingly, but did not who's fault is that. If the police cannot arrest anyone that is not willing to go peacefully you might as well disband them and make people responsible for their own safety.

IseeWhereThisIsGoing
IseeWhereThisIsGoing

Personally, I think both the mayor and police commissioner should testify. Might as well let Officer Pantaleo's attorney ask questions too, to be used in the politically motivated wrongful termination lawsuit that I wish he or this union would file.

HAWAIIBLUE
HAWAIIBLUE

Like I said, give them an inch, and they want a foot. That’s what these idiots created by “bending over for the public” In a way good for them, put those 2 fucking idiots in the hot seat. Let’s see how they come up with excuses and show their incompetence.

Dot200
Dot200

Ships without sails or rudders,demand the wind stop prevailing east.

Bigdaddydeuce
Bigdaddydeuce

“Our hope is to hold everyone who was involved in my son’s murder accountable,” said Garner’s mother, Gwen Carr, according to the New York Post.

Let’s start with you Mrs. Carr for not raising your son to be a productive part of society. If your son wasn’t a criminal, he’d be alive today, if your son didn’t resist a lawful arrest, he’d be alive today, if you’d done a better job raising him...well, you know the rest.

Wish505
Wish505

Ghetto casino's popping up all over now days. There are too many racist scum lawyers out there who are ghetto casino chasers. Most of these families cant afford these lawyers, who is paying them?

BerettaAPX
BerettaAPX

She wants everyone held accountable except her and her thug son.. Thats being black in America.. Its always someone elses fault.

Ladyfluterby
Ladyfluterby

Real accountability in this case would be for the family to finally admit that Eric Graner was a criminal who had no respect for the law. This women is on a witch hunt and is in hope that the family and the attorney representing them can find something, anything that they could possibly use to get more free money out of NY. Sadly de Blasio is very likely to just pay her off so she quiets down while he runs for president (HAHAHA). She's disgusting and she raised someone who feels entitled to break the law and victimize other for his benefit.

Mrs10
Mrs10

They must be out of money. Again.

Ibcynthy
Ibcynthy

Hey woman, you did a bad job of rearing your son and this death is on YOU and on him. No suit should be paid to them as they do not deserve anything from the death of the thug

Tom1
Tom1

Yup, clear him of any wrong doing and then fire him anyway to shut his POS family up. Way to go. Why not just declare open season on the police. HE resisted arrest, after repeatedly being allowed to leave with no charges. The officer is seen with his arm around the 350 lb criminals neck while the huge man continued to fight with them. So what? The guy was fighting with the cops. They were just a) doing their jobs and b) defending themselves from a huge known criminal. Oh, and didn't they find that he died from being fat and lazy? Not because the cops were mean to him.

PB62
PB62

follow the money.

ChasingYesterday
ChasingYesterday

Dear God, that hair....is that a cry for help, or what? That's almost criminal. Ok, now that I got that out of the way....I guess it really is all about the money for some people. Utterly disgusting.

Judgesson
Judgesson

Just another parent looking to gain a “Ghetto Lottery” off the backs of taxpayers.

When will these thugs and lawbreakers learn to obey the law. Your High School Graduation picture DOES NOT qualify you as an outstanding person. YOUR ACTIONS DO!

Grampsdeal
Grampsdeal

What a wig...lol!

808K9
808K9

Am I the only one who looks at the picture of Garner's mother and hears the song "Superfreak?"

Zpwjs
Zpwjs

Eric Garner is responsible for his own death along with Mom for raising a thug.

Louise S
Louise S

Raising her 350lb baby from the dead for a new ghetto lottery again so soon? Her baby was threatening people coming in and out of the store. Threatened people who wouldn't buy his trash and the store owner called the cops and wanted him removed. He removed himself.

Mslopez
Mslopez

More like she neglected her parental duties!