( 4UMF NEWS ) DNA Test Confirms Eric Garner Is The Father Of 1-Year-Old Girl:
Part of Eric Garner’s legacy will be a million-dollar baby.
A DNA test has confirmed that Garner, a police chokehold victim, is the biological father of a 1-year-old girl, the Daily News has learned. Her name is Legacy and she’s in line to receive the largest share of what’s likely to be a huge payout from the city.
The test results also put an end to speculation by some members of Garner’s family who questioned the paternity of the girl. Legacy’s mother is Garner’s longtime girlfriend Jewel Miller with whom he had lived with for more than three years.
“A DNA test was done to put to rest any uncertainty as to whether Legacy Miller is the child of Eric Garner,” lawyer Jonathan Moore said Thursday. “This was done and the test verified that she was indeed fathered by Eric Garner.”
Moore represents Eric’s widow, Esaw Garner, and is preparing to file a wrongful-death lawsuit in Brooklyn Federal Court against the city and the cops involved in Garner’s death on July 17, 2014, on Staten Island.
The notice of claim that was filed last year with the controller’s office named Legacy as a beneficiary of the estate, along with Garner’s four biological children with Esaw.
Jewel Miller said Legacy, born April 13, 2014, has been shunned by the Garner family, but it’s not just about the money her daughter is entitled to receive.
“They knew she was his (Eric’s) daughter but they didn’t want the public to know so they could keep up the image of the happily married husband and wife together which was the farthest thing from the truth,” Miller told The News.
“They didn’t want Legacy to be part of anything that has anything to do with what’s going on,” Miller, 38, continued. “I think it was a public relations thing.
“And Esaw is just money-hungry,” she added.
Miller said she had been advised months ago that a DNA test needed to be done, but blamed the delay on aides to the Rev. Al Sharpton who have worked closely with the Garner family.
“The people from the National Action Network snowballed me,” Miller said.
Legal experts said Esaw and the biological children are entitled to portions of any cash that comes from the civil suit, but Legacy would be entitled to the bulk of the payout because she is the youngest heir.
Formulas used by the court to determine the portion are largely based on life expectancy and the needs of the child.
Garner’s children with Esaw range in age from 15 to 25 — three of them are adults and therefore would likely receive a minimal share of the settlement, the experts say.
The case could be settled for as much as $6 million depending on whether the Justice Department brings a federal civil rights case against the cops.
A state grand jury on Staten Island declined to indict Police Officer Daniel Pantaleo, who was seen in video footage using a department-banned chokehold on Garner.
The suit must be filed by July 17 because there is a one-year statute of limitations on a state assault and battery claim.
On the anniversary day, Miller said she plans to hold Legacy in her arms as they release a dove into the air at the scene of the tragedy.
Garner, 43, was being arrested for selling untaxed cigarettes on the street. Stunning video first posted by The News showed Garner swarmed upon by cops.
“I can’t breathe,” he said repeatedly.
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