New York – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today 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 a 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. In its report, OSI recommends 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 situation warrants the use of physical force.
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 Mr. Garris walking slowly outside of the store. The officer attempted to verbally engage Mr. 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 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 person. 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, other officers, and any bystanders present at the scene.
Given these circumstances and based on both law and evidence reviewed during their investigation, OSI determined that it would be unlikely for a prosecutor to disprove beyond reasonable doubt that the use of deadly force by an NRPD officer was justified.
Currently, NRPD's training and policies direct officers to use their own discretion when determining whether or not physical force is necessary during arrests related to petty nonviolent offenses such as this incident involving Mr.Garris . Although it remains uncertain if an alternative approach might have altered this specific outcome , OSI suggests updating these protocols so as provide more definitive guidelines . These recommendations include incorporating real-world scenarios into training programs so as better prepare officers for situations they may face without defaulting immediately towards using physical restraint methods . Specific criteria proposed include :
- Assessing if individual exhibits physically combative behavior versus passive noncompliance
- Evaluating potential compliance achievement through non-forceful means
- Ensuring all personnel involved are trained adequately regarding de-escalation techniques especially concerning individuals experiencing mental health crises
- Confirming exhaustion all possible nonviolent de-escalation methods prior resorting towards any form physical intervention