James Releases Findings On Fatal Police Shooting Of Jarrel Garris

NEW ROCHELLE, NY — New York Attorney General Letitia James' Office of Special Investigation (OSI) has recommended that none of the officers involved in the fatal shooting of Jarrel Garris be charged criminally.

This story was updated to include a statement from the City of New Rochelle.

Today, the OSI released its report on the death of Garris, who died on July 10, 2023 after an encounter with members of the New Rochelle Police Department that occurred days earlier in New Rochelle.

The AG investigation, which included review of body-worn camera footage and security camera video, interviews with involved officers and legal analysis, concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer's use of force against Garris was justified under New York law.

While the report recommended that the officers not be prosecuted, the OSI did recommend that NRPD update its training and policies for responding to petty nonviolent offenses to provide officers with objective criteria for assessing whether or not a given situation warrants the use of physical force.

According to the AG findings:

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. When the first officer arrived, she encountered Garris walking slowly outside of the store. The officer attempted to engage Garris, asking him what he was doing and whether he was eating food in the grocery store.

A second officer arrived and both officers attempted to engage Garris in conversation. Garris was not responding to the officers' questions when the third officer got to the scene.

The third officer placed one handcuff on Garris and a physical struggle ensued. The third officer directed the first officer to use her taser on Garris, but she could not get a clear shot and did not deploy it.

At one point in the struggle, Garris had his hands on the second officer’s gun. The third officer noticed and yelled "gun!" before he discharged his service weapon, striking Garris. The officers began performing life-saving measures on Garris until an ambulance arrived. Garris was taken to a local hospital, where he later died from his injuries.

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, 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, according to the AG report.

Currently, the NRPD’s training and policies direct officers to use their own discretion when determining whether or not to use physical force to make an arrest when responding to petty nonviolent offenses like the one in this case. Although it is not possible to know if a different approach would have changed the outcome in this specific matter, the OSI recommended that NRPD update its training and policies for these matters to provide officers with objective criteria for assessing if using physical force to make an arrest is warranted.

SEE ALSO:

• City Officials Promise 'Transparent' Process After Police Shooting
• State Police ID 37-Year-Old Shot By NRPD, Name Officers Involved
• 'Night Out' At NRPD HQ Brings Community Together In A Trying Time
• Man Who Grabbed Officer's Gun Shot By Police: New Rochelle PD

These trainings should involve real-world scenarios so that officers can become accustomed to the sorts of situations they may encounter in the field and the appropriate effective responses without relying on physical force in every case, according to the findings.

The OSI recommended that NRPD implement criteria, including determinations such as whether:

• The individual is physically combative or passively noncompliant.
• There are ways to achieve compliance without physical force.
• Law enforcement personnel at the scene have been trained in de-escalation tactics or interacting with people experiencing mental health crises.
• All methods of nonviolent de-escalation were exhausted.

In a statement, City of New Rochelle officials said that with the criminal investigation concluded, the police department will continue its own investigation to determine if policies and procedures were followed. The department said it appreciates the recommendations made by the Attorney General’s office in its report and will give them its fullest consideration.

"The City of New Rochelle accepts her decision and remains confident of the professionalism and integrity of the men and women of its police department," city officials said. "The fact that 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."

The City of New Rochelle said it fully cooperated with the investigation and remained transparent throughout the investigations, noting that members of the department were interviewed by the AG's office, as were private citizens, and all evidence, including video, was provided to investigators.