Saturday, September 6, 2014

Lawyer to Judge: Drop Gun Charges Against Star Witness in Garner Case



The Staten Island man who captured the cell phone video of the death of Eric Garner at the hands of police was back in court Friday where his lawyer asked that gun charges against him be dropped because of insufficient evidence and because of his role in the high profile case. NY1′s Amanda Farinacci filed the following report.


Dozens of supporters lined the steps of Staten Island Supreme Court Friday in a show of solidarity for 22-year-old Ramsey Orta – the man responsible for capturing the cell phone video of the death of 43-year-old Eric Garner at the hands of police who is now himself facing felony gun charges.


“I’m all right, thank you. I just wanna thank everybody for being here. That’s all,” Orta told reporters outside court.


Police say Orta was caught with an unloaded firearm back in August, just days after the medical examiner ruled Garner’s death a homicide. The NYPD says its narcotics officers were conducting enforcement when they spotted Orta placing a .22 caliber handgun in the waistband of a 17-year-old girl. No fingerprints were found on the gun but prosecutors await DNA tests on the weapon.


Orta’s court-appointed lawyer used what he called that lack of evidence – and the fact that Orta is a star witness in the Garner case – as grounds to request the case against Orta be adjourned.


“We stay united, stay together, and beat these phony allegations and keep fighting against the police brutality,” said Orta’s wife, Chrissie Ortiz.


Orta’s wife – and his supporters – contend the charges against him are in retaliation for filming the Garner incident. The Staten Island District Attorney’s office is still investigating in that matter, but it is expected to convene a special grand jury in that case sometime this month.


Many are calling for charges to be brought against Officer Daniel Pantaleo, seen in the cell phone video using an alleged chokehold on Garner. They also want the case handled by a special prosecutor.


“We’re concerned about who’s doing what behind the scenes. We know the inordinate power of the NYPD and we know full well that it’s a conflict of interest from the outset for him to be here under these circumstances,” said Michael Gray of 100 Blacks in Law Enforcement Who Care.


The DA’s office says it is confident it can fairly prosecute both cases.


Orta is due back in court on October 31 for a decision on the adjournment.





NEWS – NY1




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