Bodycam footage of New Rochelle Police struggle with Jarrel Garris
Mixed Views in Support and Against Decision in Westchester
By Dan Murphy
Last week, NY Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Jarrel Garris, who died on July 10, 2023, after an encounter with members of the New Rochelle Police Department (NRPD) that occurred on July 3, 2023 in New Rochelle. Following a thorough investigation, which included review of body-worn camera footage and security camera video, interviews with involved officers, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of force against Mr. Garris was justified under New York law. Read the report at link -https://ag.ny.gov/sites/default/files/reports/osi-jarrel-garris-report_0.pdf
On the afternoon of July 3, NRPD officers responded to a complaint of a man who was eating items he had not paid for at a grocery store on Lincoln Avenue in New Rochelle. Two officers arrived and both officers attempted to verbally engage with Mr. Garris. Mr. Garris was not responding to the officers’ questions when the third officer got to the scene. The third officer placed one handcuff on Mr. Garris and a physical struggle ensued.
The third officer directed the first officer to use her taser on Mr. Garris, but she could not get a clear shot and did not deploy it. At one point in the struggle, Mr. Garris had his hands on the second officer’s gun. The third officer noticed and yelled “gun!” before he discharged his service weapon, striking Mr. Garris. The officers began performing life-saving measures on Mr. Garris until an ambulance arrived. Mr. Garris was taken to a local hospital, where he died from his injuries on July 10, 2023.
Under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another. In this case, Mr. Garris had his hands on one officer’s gun while they were attempting to arrest him. Another officer deployed his service weapon because he believed he needed to protect himself, the other officers, and any bystanders. Given the circumstances and based on the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly force was justified.
The New Rochelle PBA issued the following statement. “The Attorney General’s findings confirm what we have known to be true since the days immediately following this tragic encounter: Detective Steven Conn’s actions were lawful and justified, that it was Jarrel Garris’ who caused this encounter to become deadly, and had Detective Conn not acted swiftly, this incident would have likely ended with the death of several police officers.
“The Attorney General’s report establishes the following: while New Rochelle police officers were effecting a lawful arrest, Jarrel Garris, who was high on PCP, violently resisted and fought with the officers. During this struggle, Garris put both his hands on Officer Bird’s service weapon and slid the holster’s safety hood into the unlocked position. Thankfully, Detective Conn observed Garris pulling the gun from the holster, warned his fellow officers that Garris had control of Officer Bird’s handgun, and fired one round preventing Garris from using the gun against them. This entire incident happened within seconds. There is no amount of police training or policy writing that can guarantee positive outcomes when violent criminals continue to refuse lawful orders and resist lawful arrests. It is irresponsible and dangerous for our government and elected officials to ignore this important fact….It is disappointing to hear rhetoric which suggests that Jarell Garris died “over a couple of grapes” or “for committing a low-level crime”. That is a terrible misrepresentation of the facts and ignores the life-threatening actions taken by Garris moments before his death… There is only one reason a person would attempt to pull a cop’s gun from its holster, and that is because he intends to use it,” end of NR PBA statement.
The family of Jarrel Garris, through their attorney William Wagstaff III, said they were “angry and disheartened” Attorney General James’ decision. “Police Officer Conn will join the alarmingly long list of police officers who escape accountability when they take the lives of unarmed – typically Black, Brown, and/or poor – civilians. Jarrel Garris is dead because of an encounter over an allegation of eating strawberries he didn’t pay for. This is outrageous. The family will continue to fight until there are policy changes and Justice for Jarrel.”
The City of New Rochelle’s statement read, “The fact that NYAG James’ office took more than a year to probe an episode that unfolded in seconds demonstrates the depth and thoroughness of the investigation. Whenever a police officer uses deadly force, no matter how straightforward or complex the episode appears, it is a deeply traumatic event for a community such as ours, and it must be scrutinized from every possible angle, no matter how long it takes. We remain confident of the professionalism and integrity of the men and women of the New Rochelle police department.”
Damon Jones, Publisher of Blackwestchester.com, wrote, “The use of deadly force requires the presence of an immediate and overwhelming threat. No weapon was visible in control of Mr. Garris in this case, and neither Officer Bird nor Officer Chavarry was in danger of losing their lives. While it is true that Mr. Garris resisted arrest, resistance—especially from someone who appeared disoriented and possibly experiencing a mental health crisis—does not justify escalating to the most extreme measure of lethal force. While the Attorney General’s office may have refused to act, the responsibility to correct this injustice now rests with New Rochelle’s law enforcement officials and elected representatives. They can address this issue by removing Detective Conn from his duties. Failing to do so would send a dangerous message that unjustified deadly force can go unpunished,” writes Jones, (https://blackwestchester.com/nrpd-detective-conn-must-be-fired-ags-report-on-the-shooting-of-mr-garris/).
Jones also wrote as a member of Blacks In Law Enforcement of America (BLEA), a national organization of Black Law Enforcement Professionals, that the group “expresses its profound disappointment and lack of confidence in the New York State Attorney General, Tish James, following her handling of the Jarrell Garris case. The killing of Jarrell Garris, an unarmed Black man experiencing a mental health crisis, by New Rochelle Police officers is a stark reminder of the systemic failures in our law enforcement and justice systems. The Attorney General’s office not even finding a bill of manslaughter insults the Garris family and justice itself.
“The Attorney General’s recommendation that the New Rochelle Police Department merely “upgrade its policies” is woefully inadequate and deeply problematic… We find it unacceptable that Attorney General Tish James, since the killing of George Floyd in 2020, and after every police department in New York submitted independent reviews to her office per former Gov. Cuomo’s Executive Order. , has not taken this opportunity to propose sweeping state-wide policies on police use of force and deadly force when encountering individuals with mental illness.”
Former County Legislator Damon Maher wrote, “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.”
The family of Kenneth Chamberlain Sr., who was killed in an interaction with White Plains police in 2011, said, “The officer’s playbook is universal, with rehearsed language designed to justify any act of violence: “I feared for my life,” it was a very fluid situation or in this case, Detective Conn’s claim that he needed to protect himself and others. But the truth is plain to see the video reveals the detective approaching and escalating the situation, not retreating or de-escalating.This officer was not held to the same standard that we, as citizens, are bound to follow. Year after year, the New York Attorney General has failed to hold law enforcement accountable, and we must remember this failure when she seeks re-election.”
