The Daily Grind Video

The man who was on site during the death of Eric Garner, and provided the famous footage that went viral online, was denied his request for a special prosecutor in an unrelated gun case.

Ramsey Orta made the request, believing that the charges are “trumped in retaliation” to releasing the footage of Garner’s fatal confrontation with Staten Island Police.

According to, the judge did not think that his involvement in the Eric Garner case “evinces any prejudice or potential prejudice,” and he was a witness in “an unrelated matter” to his current weapons possession charges. Justice Stephen J. Rooney says that Orta has “failed to demonstrate actual prejudice or any risk thereof.”

The site reports:

District Attorney Daniel Donovan’s office presented the Garner case to the grand jury and is also prosecuting Orta on weapon-possession charges stemming from an Aug. 2 bust in St. George.

Cops allege Orta stuffed an unloaded .25 caliber handgun into the waistband of Alba Lekaj, then 17, outside the Hotel Richmond at 71 Central Ave.

Officers recovered the weapon, said police.

Orta is accused of single felony counts of third-degree criminal weapon possession and criminal firearm possession. He’s also charged with misdemeanor weapon possession

Do you think the judge made the right call to deny Orta’s request? Let us know your thoughts.