Sen. Rand Paul (R-KY) suggested the police officer who applied a chokehold to Eric Garner that resulted in Garner’s death should probably not “be a policeman any more.”

Paul made the comments during a fundraiser for Mississippi Republicans on Monday. Paul had previously blamed the entire incident that resulted in Garner’s death on a New York City cigarette tax (a point that Jon Stewart lampooned on the Daily Show).

On Monday Paul, according to the Clarion-Ledger, said he was “horrified” by Garner’s death.

“While the grand jury has made its decision, whether or not a policeman who accidentally kills someone while stopping them from distributing cigarettes, that’s probably a lack of discretion and you probably shouldn’t have the power to be a policeman any more, at the very least,” Paul said according to the Clarion-Ledger.

He did note that he’s been criticized for the tax remark.

“Over the half price of cigarettes in New York City is taxes, so you’ve criminalized behavior that really the police shouldn’t be involved with to begin with…I’m not even sure that Garner had any individual cigarettes on him,” Paul said.