Statement by Richmond County District Attorney Daniel M. Donovan, Jr. on the "No Indictment for Officer Daniel Pantaleo" for the Choking-Out Death of Eric Garner

District Attorney Daniel M. Donovan, Jr.:

"I first want to express my condolences to Eric Garner’s family for their loss, and to acknowledge the heartache of his mother, his wife, his children, as well as his other family members, loved ones, and friends, who have consistently carried themselves with grace during the past four months.

A Richmond County grand jury has completed its investigation into the tragic death of Eric Garner on July 17, 2014, after being taken into police custody for an alleged sale of untaxed cigarettes in the Tompkinsville area of Staten Island, New York. After deliberation on the evidence presented in this matter, the grand jury found that there was no reasonable cause to vote an indictment.

Upon Eric Garner’s death, investigations were immediately commenced, and independently conducted, by the Office of the New York City Chief Medical Examiner, the Internal Affairs Bureau of the New York Police Department, and the Richmond County District Attorney’s Office.

Although the Internal Affairs Bureau had immediately responded to the scene and conducted its own investigation, I directed all of the Detective Investigators of my Office, along with other investigative personnel, all of whom who do not work for the New York Police Department, to initiate an independent investigation, in cooperation with eight Assistant District Attorneys of my Office assigned to the case.

That investigation spanned four months, and focused on locating civilian eyewitnesses with information and evidence to offer, speaking to those who provided medical treatment, whether on the scene or at the hospital, and consulting expert witnesses in the area of forensic pathology, policies, procedures, and training of police officers, as well as emergency medical technicians. Over 38 interviews were conducted, yielding 22 civilian witnesses who reported to have seen some part of the interaction between Eric Garner and members of the NYPD.

On August 19, 2014, I announced that evidence regarding the circumstances of Eric Garner’s death would be presented to a Richmond County Grand Jury. At that time, I assured the public that I was committed to a fair, thorough, and responsible investigation into Mr. Garner's death, and that I would go wherever the evidence took me, without fear or favor.

Clearly, this matter was of special concern in that an unarmed citizen of our County had died in police custody. For that reason, a dedicated grand jury was empanelled exclusively to hear this case, committed to serving in that capacity for the months the investigation would entail. All 23 members of this community who comprised the Grand Jury in this matter dutifully fulfilled that commitment by attending each and every one of the sessions that began on September 29, 2014, and concluded on December 3, 2014. I would like to thank them for their time, effort, and commitment to this investigation, and for the careful manner in which they discharged their solemn duty as grand jurors.

As this grand jury was dedicated to hearing only evidence regarding the circumstances surrounding Eric Garner’s death, it was afforded the opportunity to singularly focus on the evidence in this case, and this case only, and to hear from all witnesses with any material evidence to offer, as well as expert witnesses, and to consider documentary and photographic evidence, in order to ensure that a thorough, just and fair investigation was accomplished. It has now completed its investigation into The Matter of the Investigation into the Death of Eric Garner.

Regarding comments that I can or cannot make, unlike other jurisdictions that have statutes that permit a district attorney to disclose specific details regarding what took place during a grand jury proceeding, New York law does not permit a district attorney to engage in such disclosure. Rather, only upon a showing of a compelling and particularized need for access can disclosure of grand jury information, limited as it may be, be made in a public forum.

After the grand jury reached its decision this afternoon, I applied for a court order pursuant to CPL § 190.25(4)(a) seeking authorization to publicly release specific information in connection with this grand jury investigation. That application is under consideration by the court, and I am therefore constrained by New York law to reveal nothing further regarding these proceedings."