With the NYPD re-reteaching its officers how to avoid being racist, using verbal abuse, and resorting to needless physical force, a strange turn of events happened Tuesday night: the lead prosecutor who failed to secure a grand jury indictment in the Eric Garner case and a steadfast supporter of the NYPD became New York’s newest Congressman, and will represent Staten Island.
In a special election to fill the 11th District seat left vacant by Rep. Michael Grimm (R), who pleaded guilty to tax evasion in December, Daniel Donovan (R) won 60 percent of the vote, beating opponent Vincent Gentile (D) by a large margin. But Donovan, who’s served as a district attorney for more than 10 years was relatively unknown before rising to fame as the prosecutor who monitored the grand jury that convened in response to Garner’s death.
After calling for a grand jury of 23 people to review Officer Daniel Pantaleo’s fatal chokehold of the unarmed black man, which was caught on video, Donovan defended the non-indictment. “No one likes to serve on juries, but they upheld their civic duty and they sat for nine weeks, and they’re the only people that heard all the evidence, and they’re the only people that deliberated,” he said. “I think we should respect their decision.” In response to criticism that he was behind the non-indictment and refused to unseal grand jury records Donovan rebutted, “People thought I presented the case. I never set foot in the grand jury chamber. There are people who thought I met with witnesses. I did not meet with witnesses.” Before the grand jury convened, Donovan’s office investigated the circumstances of Garner’s death for four months, compiling civilian witness testimony and testimony from medical and forensic experts to present to the 23 jurors.
Many believed video of the fatal encounter was sure to lead to an indictment, even though charges are rarely brought against officers. And legal experts were outraged by the decision. “The grand jury is a tool of the prosecutor. At a minimum, it was negligent, it was reckless, it was some level of homicide,” said one law school professor. “Surely they could have indicted this officer on any number of charges and let the public hear, let a trial happen, expose to the light of day what went on here.”
Luckily for Donovan, people in his congressional district largely agreed with his role in the proceedings. A poll of likely Staten Island voters found that 50 percent of respondents viewed the grand jury’s decision favorably, compared to a Quinnipiac University poll of New York City voters, which concluded that 68 percent of respondents agreed there was “no excuse” for how police acted during the encounter with Garner. Ironically, Donovan tried to distance himself from the case throughout his campaign, but his position may have swung votes in his favor, since the majority of Staten Island voters are white Republicans who overwhelmingly support police officers.
Donovan has since aligned himself with the city’ police force, which earned him endorsements from two major police unions: the Captains Endowment Association and Lieutenants Benevolent Association. On his campaign page, Donovan pledged to support fair and competitive wages for officers, and to oppose departmental cuts. He also doubled down against the push to decriminalize minor offenses, such as public urination, consumption of alcohol in public, and littering. “I fail to see why anyone, particularly elected officials, would want to subject the public to a return of the dark, dismal, crime-ridden days of 20-plus years ago,” he said of council members’ push for reform.
Outside of the criminal justice system, Donovan’s stance on policy issues aligns with fellow conservatives — the majority of Staten Island’s population. Although he applauded certain aspects of Obamacare, including the provision that allows individuals to stay on their parents’ plans until they turn 26, in March, he did an about-face in April, saying Obamacare should be repealed in its entirety. He opposes abortion and raising the federal minimum wage if businesses aren’t given incentives or assistance to pay workers more. He supports tax cuts and has openly criticized President Obama’s foreign policy, saying the President hasn’t done enough to defend Israel. On immigration, however, Donovan has assumed a more lenient stance, arguing people should only be deported if they “commit heinous crimes.”