THE ASSEMBLY

STATE OF NEW YORK

ALBANY
N. Nick Perry
Member of Assembly
58
th
Assembly District
Deputy
Majority Leader
District Office: 903 Utica Avenue Brooklyn, New York 11203 (718) 385-3336





August 20, 2014

The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

Dear Governor Cuomo:

I write to you, along with all my colleagues who have co-signed below, to request and urge you to
invoke the powers granted to you under the New York State Executive Law 63 (2) and appoint a
special prosecutor in the Eric Garner homicide case.

After more than a month in what can only be described as a gross and deliberate failure to act, by
Staten Island District Attorney Daniel Donovan, New Yorks African-American community and
all other New Yorkers who care about equal justice under our laws have become frustrated. We are
frightened, and concerned that the dark shadow of inequity and injustice is slowly creeping over
this case, and that without some swift and decisive action taken by you our governor, the light of
justice will not shine bright enough to overcome these shadows, and justice may never be done.

Governor Cuomo, in support of this request, we bring the following facts to your attention:

July 17, 2014: Eric Garner, a 43-year-old African-American is killed during an arrest by NYPD
officers, and it is reported that the death may have been caused by the illegal application of a
banned chokehold by NYPD Police Officer Daniel Pantaleo. Video recordings of the arrest show
clearly and undoubtedly, Officer Pantaleo applying the banned chokehold to Eric Garners neck,
and maintaining that chokehold throughout the incident, not releasing his grip until Mr. Garner is
lifeless. Throughout the incident, there is clear audio of Mr. Garner repeatedly begging for his life,
and saying I cant breathe, I cant breathe, which would ultimately be his last words.

July 18: Video of the incident goes viral, resulting in worldwide reactions of outrage, and
disbelief at the brutality of the police action, and the insensitive behavior of not providing any
appropriate life-saving assistance during the last minutes of Mr. Garners life. NYPD announces
Officers Daniel Pantaleo and Justin Damico are placed on desk duty. Mayor Bill de Blasio
comments that investigation will be undertaken by NYPD Internal Affairs and Staten Island
District Attorney's Office before determination of any further action. NYPD further disclosed
that Mr. Garners attempted arrest was on suspicion of selling untaxed cigarettes. Staten Island
District Attorney issues his first statement in response to the Garner homicide: "My office is
working along with the NYPD to do a complete and thorough investigation into the circumstances
surrounding Mr. Garners death." At a press conference NYPD Commissioner William Bratton
states in response to question regarding use of choke holds by police officers, "Chokeholds are
prohibited by the New York City Police Department and most departments," and further confirms
that "as defined by the departments patrol guide, this appears to have been a chokehold.

July 19: news media reports that NYPD stripped Officer Pantaleo of gun and badge. He remains
on desk duty, indefinitely. Two EMTs and two paramedics involved in the case are suspended

Gov. Andrew Cuomo
August 20, 2014
Page 2



without pay, and barred from duty. Leaked autopsy information, reported as "... good news" for
Officer Pantaleo, claims that Mr. Garner sustained no throat or neck damage during incident.

July 19-July 31: New York City anxiously waits, but hears nothing of any action from the Staten
Island District Attorney. No grand jury impaneled, no arrests, no further NYPD action, nothing.

August 1: New York City medical examiner rules Mr. Garners death a homicide, and stated that
Mr. Garner died as a result of the use of the banned chokehold applied by Officer Pantaleo, while
several other officers assisted in the takedown, leaving no question that Mr. Garner died as a result
of the reckless action of Officer Pantaleo and others.

We write to you today Governor Cuomo, on the 32nd day following the tragic chokehold death of
Mr. Eric Garner, because there is still a stunning and bewildering lack of timely and appropriate
action from the Staten Island District Attorney's Office and the NYPD. The apparent reluctance to
act, displayed by the District Attorneys Office is a major source of our alarm over the failure to
address the deep public anger and steeply eroding trust in our justice system. Todays
announcement by District Attorney Donovan that he will empanel a grand jury sometime in the
future only muddles the water of distrust.

No matter how many times one views the video, on each and every occasion, it is clear, without
any doubt, that the banned chokehold was applied to Mr. Garner's neck for the entire time the
police were engaged in arresting him, until he was laid lifeless on the sidewalk. Eric Garner died
begging for his life with the repeated cry, "I can't breathe, I can't breathe."

While one may not reasonable claim that there was intent to end Mr. Garner's life, there is no
question that Officer Pantaleo, and all other officers involved, were trained to be aware that use of
the chokehold was banned during police duties. However, in what can only be determined to be
the reckless disregard of the explicit orders of Section 203-11 of the

NYPD Patrol Guide, Officer Pantaleo, assisted by others, applied and continued to maintain the
chokehold until Mr. Garner's life ended.

It seems to all of us, and I'm sure everyone else who saw the video, and should also be
unquestionably clear to the Staten Island District Attorney that the reckless action of the officer
applying and maintaining that banned chokehold caused Mr. Garners death. District Attorney
Donovan should see probable cause staring back at him each time he views the video. So how does
he explain his failure to act?

Governor Cuomo I dare say, that you, or any other New Yorker could not remain uncharged for
this long in the face of such clear evidence of a crime. Someone is falling extremely short of
executing the responsibilities of the job he was elected to do, and we are tired of waiting, while
nothing appears to be happening.

This case is quite starkly similar to one that evoked swift action by our distinguished former
governor, Governor Mario Cuomo. In the Howard Beach case, Governor Mario



Gov. Andrew Cuomo
August 20, 2014
Page 3


Cuomo allowed just twenty-five days to go by, and with no action by the Queens District Attorney
he responded to the widespread opinion, and public frustration that the Queens District Attorney
had exhibited a lethargic approach, and maybe even partiality in his investigation. In appointing a
special prosecutor for the Howard Beach case, Governor Mario Cuomo further expressed his
opinion that the public had lost confidence in the Queens District Attorney's ability to fairly
prosecute that case.

Today, Governor Cuomo, my colleagues, along with all of the people we represent, share the same
sentiments expressed by Governor Mario Cuomo when he appointed a special prosecutor to take
over the infamous Howard Beach case. We are concerned about the extreme slow and lethargic
pace of the current investigation, and remain bewildered as to why this seems to be going
nowhere, slowly.

The fact that there is a loss of public confidence in what is occurring with the investigation is
unquestionable. After over 30 days of nothing, elected officials and community leaders in African-
American neighborhoods throughout New York are questioning District Attorney Daniel
Donovans partiality, and with the backdrop of the situation in Ferguson, MO, the public is
certainly becoming increasingly outraged by the lack of progress within the investigation.

Governor Cuomo, we appeal to you, to end our frustration with a prompt appointment of a
special prosecutor to ensure a fair and impartial investigation, and timely justice for the Garner
Family and all New Yorkers who care about justice.

Sincerely,



N. Nick Perry
Member of Assembly



John Sampson Karim Camara
State Senator Member of Assembly



K

Keith L.T. Wright Michaelle Solages
Member of Assembly Member of Assembly



Vivian E. Cook Victor Pichardo
Member of Assembly Member of Assembly

Carl E. Heastie
Member of Assembly



Sam Roberts
Member of Assembly



James Sanders
State Senator



Robert Rodriguez
Member of Assembly



William Scarborough
Member of Assembly



Felix W. Ortiz
Member of Assembly

Earlene Hooper
Member of Assembly