MMRS Attorney Rob McGuire on the Eric Garner case in Staten Island

December 3, 2014

MMRS Attorney Rob McGuire on the Eric Garner case in Staten Island

The crime was on video. The facts needed to prove a criminal homicide indictment were captured for all the world to see: a police officer choking a black male with his hands up complaining "I can't breathe". Why wasn't the police officer charged with a crime? "I'm outraged", said veteran former prosecutor Rob McGuire, now an attorney with MMRS Law. In his thirteen years with the Nashville D.A.'s Office, McGuire prosecuted a police officer for multiple counts of rape and indicted four prison guards for the criminal homicide of an inmate at a CCA prison. "Holding a police officer accountable for breaking the law is not an affront to law enforcement," McGuire continued, "most officers I know want bad cops prosecuted. They want officers who break policy and are violent to be charged and face the music." 

Unlike the Grand Jury in the Michael Brown shooting case, far less is known about the Staten Island Grand Jury investigation into Garner's homicide. But, as in the Brown Grand Jury investigation the potential suspect - the police officer - was given an opportunity to appear before the Grand Jury and not be subject to cross examination. "Without a witness going through the crucible of cross examination from an opposing counsel," McGuire said, "the Grand Jury only gets what that witness wants them to hear." 

Rob McGuire is a Criminal Trial Specialist certified by both the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education and Specialization. He is the managing partner of MMRS Law, PLLC. 

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