Former County Legislator Damon Maher’s Response to Latitia James’ Decision In The Police Shooting Of Jarrel Garris

My thoughts so far:

Leaving aside for now the AG’s debatable conclusion that no successful homicide case of any kind could be brought before a Westchester County judge and jury, there are several questions that should have been asked, in a 14-month investigation, to better understand how an initial minor incident spiraled so badly out of control and how this sort of situation can be averted in the future.

For example, what were the words and sense of urgency in the 911 dispatch that Det. Conn heard? Could the AG release the audio of that dispatch and the related call from the storekeeper? Given Mr. Garris’s bizarre behavior described at the store, was there a referral to the Project Alliance mobile mental health unit by the dispatcher? Did any of the three officers stop at least a moment to consider calling in that unit or other backup in view of Mr. Garris’s size and his strangely flat affect? Did they all give themselves the time and distance necessary to think that through?

Some of us on the County Police Reform and Reimagining Task Force had talked about retention and sharing of data, gathered from prior encounters or from discussions with family members or neighbors, regarding people with known psychiatric/behavioral issues. Is that information being gathered by police departments? Were there available previous notes on Mr. Garris’s condition readily available? On family or other support network nearby that could have been brought in before the situation escalated?

Det. Conn says that he had encountered Mr. Garris just minutes before the store incident and thought that his expression was “vacant” and that he was “on drugs.” (And the report says an autopsy showed marijuana and PCP toxicity, although the levels aren’t revealed.) Shouldn’t that have been all the more reason to consider de-escalation rather than rushing first to physically overwhelm him?

On that fateful and hot late afternoon in July, Det. Conn was on a “special overtime traffic detail,” which is a common feature around all the new building construction and infrastructure work in New Rochelle. How many consecutive hours had he been working before the incident?  How many hours had he logged the seven days before? Thirty days before? May an officer’s fatigue and/or lack of patience may have been fatal to a citizen and possibly to himself and his fellow officers? There are strict federal and state rules on truck drivers’ consecutive driving hours. Are there similar rules or contract terms relating to police officers and how are they enforced?

As the report indicates, other officers responded to the “10-13”.  It may be helpful to hear: (a) what they saw; (b) what they discussed among themselves about what happened; (c) how the situation could have been handled differently; and (d) what they would later report about the incident. Were any or all of those others interviewed? What do their BWCs tell us about what they all discussed in the immediate aftermath of the shooting?

The AG’s report apparently forecloses the possibility of a criminal trial, although I suppose the local DA could pick up the case or the Feds could do so on a civil rights violation theory.  But a large monetary judgment or settlement in a civil case against the City, which involves a less onerous burden of proof for the grieving family of the deceased citizen, looms as a distinct possibility. Also, the AG’s report is not a determination of any particular officer’s ability to continue to perform the role of a police officer in this City, which is likewise governed by a different standard of proof and is currently in the purview of the Police Commissioner alone.

And, to repeat, we need to figure out how to make the future better. The AG has some useful recommendations but we need to insure that we have specific improvements — in terms of hiring, training, tactics and procedures — demanded by the public in the City of New Rochelle. For that, we need a strong, independent civilian board of police oversight and accountability.

Here are some thoughts from a person with over 25 years of experience as a big-city “line prosecutor,” District Attorney and State Attorney General:

“If there aren’t serious consequences for police brutality in our justice system, what kind of message does that send to police officers? And what kind of message does it send to the community?

Public safety depends upon public trust….It depends on a justice system that is steeped in the notions of objectivity and impartiality…

“But if Black and brown people are more likely to be stopped, arrested, and convicted than their white counterparts…when egregious use of deadly force is not met with consequence, is it any wonder that the very credibility of these public institutions is on the line?” – Sen. Kamala Harris, The Truths We Hold (2019)

My thoughts so far:

Leaving aside for now the AG’s debatable conclusion that no successful homicide case of any kind could be brought before a Westchester County judge and jury, there are several questions that should have been asked, in a 14-month investigation, to better understand how an initial minor incident spiraled so badly out of control and how this sort of situation can be averted in the future.

For example, what were the words and sense of urgency in the 911 dispatch that Det. Conn heard? Could the AG release the audio of that dispatch and the related call from the storekeeper? Given Mr. Garris’s bizarre behavior described at the store, was there a referral to the Project Alliance mobile mental health unit by the dispatcher? Did any of the three officers stop at least a moment to consider calling in that unit or other backup in view of Mr. Garris’s size and his strangely flat affect? Did they all give themselves the time and distance necessary to think that through?

Some of us on the County Police Reform and Reimagining Task Force had talked about retention and sharing of data, gathered from prior encounters or from discussions with family members or neighbors, regarding people with known psychiatric/behavioral issues. Is that information being gathered by police departments? Were there available previous notes on Mr. Garris’s condition readily available? On family or other support network nearby that could have been brought in before the situation escalated?

Det. Conn says that he had encountered Mr. Garris just minutes before the store incident and thought that his expression was “vacant” and that he was “on drugs.” (And the report says an autopsy showed marijuana and PCP toxicity, although the levels aren’t revealed.) Shouldn’t that have been all the more reason to consider de-escalation rather than rushing first to physically overwhelm him?

On that fateful and hot late afternoon in July, Det. Conn was on a “special overtime traffic detail,” which is a common feature around all the new building construction and infrastructure work in New Rochelle. How many consecutive hours had he been working before the incident?  How many hours had he logged the seven days before? Thirty days before? May an officer’s fatigue and/or lack of patience may have been fatal to a citizen and possibly to himself and his fellow officers? There are strict federal and state rules on truck drivers’ consecutive driving hours. Are there similar rules or contract terms relating to police officers and how are they enforced?

As the report indicates, other officers responded to the “10-13”.  It may be helpful to hear: (a) what they saw; (b) what they discussed among themselves about what happened; (c) how the situation could have been handled differently; and (d) what they would later report about the incident. Were any or all of those others interviewed? What do their BWCs tell us about what they all discussed in the immediate aftermath of the shooting?

The AG’s report apparently forecloses the possibility of a criminal trial, although I suppose the local DA could pick up the case or the Feds could do so on a civil rights violation theory.  But a large monetary judgment or settlement in a civil case against the City, which involves a less onerous burden of proof for the grieving family of the deceased citizen, looms as a distinct possibility. Also, the AG’s report is not a determination of any particular officer’s ability to continue to perform the role of a police officer in this City, which is likewise governed by a different standard of proof and is currently in the purview of the Police Commissioner alone.

And, to repeat, we need to figure out how to make the future better. The AG has some useful recommendations but we need to insure that we have specific improvements — in terms of hiring, training, tactics and procedures — demanded by the public in the City of New Rochelle. For that, we need a strong, independent civilian board of police oversight and accountability.

Here are some thoughts from a person with over 25 years of experience as a big-city “line prosecutor,” District Attorney and State Attorney General:

“If there aren’t serious consequences for police brutality in our justice system, what kind of message does that send to police officers? And what kind of message does it send to the community?

Public safety depends upon public trust….It depends on a justice system that is steeped in the notions of objectivity and impartiality…

“But if Black and brown people are more likely to be stopped, arrested, and convicted than their white counterparts…when egregious use of deadly force is not met with consequence, is it any wonder that the very credibility of these public institutions is on the line?” – Sen. Kamala Harris, The Truths We Hold (2019)