WASHINGTON – Rep. Jerrold Nadler opened up a House Judiciary Committee hearing Thursday telling the mother of Eric Garner that the criminal justice system failed her family.
“I say to you that the criminal justice system, and the justice system failed you, your son, and your entire family,” Nadler (D-NY), the committee chairman, told Carr.
Garner died when police on Staten Island in 2014 tried to take him down during an arrest for selling illegal cigarettes. Former police officer Daniel Pantaleo was accused of using an illegal chokehold to subdue him but a grand jury failed to indict him and five years later, the Justice Department declined to bring criminal charges against any NYPD officers.
“Shockingly, the officer responsible for placing Mr. Garner in a departmentally-banned chokehold remained on the force for five years before finally being fired this past August,” Nadler said.
Carr testified before Nadler’s panel calling for federal action to more stringently hold police officers accountable.
“Five years ago my beloved son Eric was murdered by people who were supposed to serve and protect,” Carr told the Judiciary Committee.
She noted the chokehold was caught on video that went viral as did her son’s cries for help.
“Eric cried out 11 times, ‘I can’t breathe,” Carr said. “But those officers on the scene that day didn’t seem to care. How come no was held accountable? No one … was charged with my son’s death.”
Carr was joined by the Rev. Al Sharpton in calling for congress to pass legislation to set a federal standard for excessive use of force.
Nadler is open to new legislation. He called for lawmakers to explore bipartisan solutions, including whether the doctrine of qualified immunity — which protects government officials from civil lawsuits, remains “useful” in today’s environment. Nadler also cited the need for better data collection on use of force and proposals to “end racial profiling and to restore trust between law enforcement and the community.”
Patrick Yoes, National President of the Fraternal Order of Police, said his organization wants to sit down and find solutions.
He worries that a ”growing” percentage of the public view police with suspicion and distain.
“Our jobs are becoming increasingly dangerous,” Yoes said in calling for passage of the Protect and Serve Act that would make assaulting a law enforcement officer a new federal crime.
“We are public servants,” Yoes said. “We are not public enemies.”
Nadler said while the “vast majority” of police officers do their jobs honorably too many deaths by the hands of police “have put incredible strain on the relationship between law enforcement and their communities.”