BUFFALO, N.Y. — As the country grapples with what to do about police reform following the death of Tyre Nichols a Buffalo law could serve as a model for the City of Memphis.
Cariol's Law established a legal requirement for Buffalo Police officers to intervene in situations like the one that led to Nichols' death for which body camera video was released Friday evening, sparking outrage.
The law is named after a former Buffalo Police officer, Cariol Horne who unlike the now former members of the Memphis Police Department did not intervene - when she thought her colleague had gone too far during an arrest.
"We want this duty to intervene to be 'Tyre's Law,' said the Nichols' family attorney Ben Crump during a press conference Friday.
While the Buffalo law was based on existing police department policy it also clarified that whistleblower officers would be protected in situations of excessive force. Crump believes if Memphis had a similar law on the books Nichols' life could have been saved by an officer willing to step in.
"We have to make it official. We have to make it documented. We have to put it on the books. We have to put it on notice that police officers, you have a duty to intervene when you see a crime being committed," he added.
Like Crump, New York State Senator James Sanders Jr. a Queens Democrat believes if Memphis had its own law Nichols could still be alive.
Sanders Jr. has sponsored a bill that would create a statewide 'Cariol's Law' for the past several years, however each year, the bill has failed to make it out of committee. It still doesn't have a corresponding bill in the State Assembly.
"If that had been the case in Memphis if this law were in effect... after Mr. Nichols wasn't moving some of the officers might have said okay we got this, it's time to stop," Sanders Jr. said.
He added that national attention could help push his bill through this latest legislative session. Sanders Jr. said he was spoken with Majority Leader Andrea Stewart-Cousins about re-pitching the bill to his colleagues.
State Senator Patrick Gallivan, a Western New York Republican told 2 On Your Side that while the bill has been stalled, he argues that's "not necessarily a bad thing" given that police already have a duty to intervene.
"There are many oversight bodies in place. I think there are policies in place. Unfortunately, as we see time and again we can not protect against bad human behavior," Gallivan said.
In many cases, police departments already have policies in place that call on officers to act even when a fellow officer could be breaking the law, as Buffalo did in 2020. Whether those policies are acted upon or seriously observed is another question.
Establishing a local law could allow for direct access by prosecutors without the need for a potential referral from police department internal affairs.
Cariol Horne was arraigned last week for allegedly harassing officers.
The Erie County District Attorney's Office told 2 On Your Side police were interviewing two people as part of a looting investigation back on Christmas Day when Horne tried to stop them. Prosecutors allege Horne also pushed an officer.
