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2014/12/03 22:10:46
Subject: No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
A Staten Island grand jury voted on Wednesday not to bring criminal charges in the death of Eric Garner, a black man who died after being placed in a chokehold by a white police officer.
The decision was reached after months of testimony, including from the officer who used the chokehold, Daniel Pantaleo. The grand jury reached its decision less than two weeks after a grand jury in Ferguson, Mo., declined to bring charges against a white officer who fatally shot an unarmed black teenager, Michael Brown.
An autopsy by the city’s medical examiner found that Mr. Garner’s death was a homicide resulting from the chokehold and the compression of his chest by police officers.
For days, the New York Police Department has been preparing for a new round of protests, which first began in the city after the Ferguson decision and were expected to continue and possibly grow if the grand jury declined to bring charges against the officer.
President Obama said that he was committed to making sure that this is a nation where all citizens believe “in the core principal that we are equal under the law.”
He said he had consulted with Attorney General Eric Holder about the case after the decision was announced.
“We are not going to let up until we see a strengthening of the trust and strengthening of the accountability that exists between our communities and our law enforcement,” Mr. Obama said.
Mayor Bill de Blasio, saying that it was a “deeply emotional day” for the Garner family and all New Yorkers, acknowledged that many people would not agree with the grand jury’s decision.
“Today’s outcome is one that many in our city did not want,” Mr. de Blasio said in a statement. “Yet New York City owns a proud and powerful tradition of expressing ourselves through nonviolent protest. We trust that those unhappy with today’s grand jury decision will make their views known in the same peaceful, constructive way.
“We all agree that demonstrations and free speech are valuable contributions to debate, and that violence and disorder are not only wrong, but hurt the critically important goals we are trying to achieve together.”
The officer at the center of the Staten Island case released a statement offering the family of Mr. Garner his sympathies.
“I became a police officer to help people and to protect those who can’t protect themselves,” Officer Pantaleo said. “It is never my intention to harm anyone, and I feel very bad about the death of Mr. Garner. My family and I include him and his family in our prayers and I hope that they will accept my personal condolences for their loss.”
Jonathan C. Moore, a lawyer for the Garner family, said they hoped that federal prosecutors would continue to examine the case, and he urged people upset by the decision to voice their dismay, but to do so peacefully.
“We’re astounded by the outcome of the grand jury process and that after hearing months of evidence and having deliberated that they would find no true bill as to any potential criminal charge,” Mr. Moore said in a phone interview.
“It’s very upsetting to us – we obviously hope that the U.S. attorney for the Eastern District, Loretta Lynch, will take a close look at this.”
In Ferguson, protesters and police officers clashed in the streets almost immediately after Mr. Brown’s killing by Officer Darren Wilson in August; riots erupted on the night the grand jury’s decision was announced last month. By contrast, in late August, a demonstration on Staten Island over the death of Mr. Garner, 43, proceeded without confrontation or arrest.
Police Commissioner William J. Bratton, speaking at a news conference earlier on Wednesday, said that he expected any protests to be peaceful and that the police were prepared to deal with anyone seeking to cause trouble.
“We have had quite a bit of time to prepare for the events that will unfold here for the next few days,” Mr. Bratton said.
While seeking to ensure that people can voice their opinions, Mr. Bratton said the police would “take forceful action” against those who used the protests to break the law.
The grand jury, impanelled by the Staten Island district attorney, Daniel M. Donovan Jr., in September, has weighed evidence, including a cellphone video recorded by bystanders of Mr. Garner’s violent arrest, and heard testimony from the officers involved.
Grand juries determine whether enough evidence exists for a case to go forward to a criminal trial, either before a jury or a judge. By law, they operate in secret and hear only evidence presented by prosecutors, who also instruct the grand jurors on the law. Defense lawyers are barred from speaking. For a decision, 12 jurors who have heard all the evidence must agree.
In a statement, Mr. Donovan said that he was constrained by law from discussing details of the case but that he had petitioned the court for “authorization to publicly release specific information in connection with this grand jury investigation.”
He expressed his condolences to the family and said that his office conducted a thorough investigation that “spanned four months.”
They conducted “over 38 interviews” and located 22 civilian witnesses, he said. Investigators also spoke with the emergency responders who provided medical treatment both at the scene and at the hospital, and expert witnesses in the area of forensic pathology, policies, procedures, and training of police officers.
“I assured the public that I was committed to a fair, thorough, and responsible investigation into Mr. Garner’s death, and that I would go wherever the evidence took me, without fear or favor,” he said. In the end, he said, the grand jury faithfully executed their duty.
An indictment was considered only against Officer Pantaleo, who testified last, on Nov. 21, his lawyer, Stuart London, said. The other officers received immunity, he said.
The case exposed apparent lapses in police tactics – chokeholds are banned by the Police Department’s own guidelines – and raised questions about the aggressive policing of minor offenses in a time of historically low crime. The officers involved, part of a plainclothes unit, suspected Mr. Garner of selling loose cigarettes on the street near the Staten Island Ferry Terminal, a complaint among local business owners.
Mr. Garner’s death hastened an effort to retrain all the department’s patrol officers and brought scrutiny on how officers who violate its rules are disciplined. Officer Pantaleo has been stripped of his gun and badge.
It was unclear whether Officer Pantaleo would return to enforcement duties. Commissioner Bratton said he would remain on suspension pending an internal investigation by the Police Department.
The Rev. Al Sharpton, who is scheduled to hold a news conference with Mr. Garner’s family later in the evening, said that he was not surprised by the decision and that he had little faith in local prosecutors when it came to pursuing cases against the police.
“People thought we were being extreme,” Mr. Sharpton said. “But now, I think you can see, we have no confidence in the state grand juries, whether in Ferguson or in New York, because there is an intrinsic relationship between state prosecutors and the police; they depend on the police for their evidence, they run for office and depend on the unions for endorsements.”
I find it a bit odd that it played out like that. I mean you have evidence of the cop jumping on eric's back and pulling him down by the neck and putting their knee's in his back and him yelling that he couldn't breathe. Then leaving him there and not trying to resuscitate.
1) At the very least, I expected involuntary manslaughter indictment.
2) The evidence that's been reported, even then, it'd be difficult to convict on invol manslaughter.
3) Pet-Peeve: That is NOT a choke hold. That's a headlock. Two very different things.
4) WTF New York? You'd authorize use of force (ie, the police) to enforce cig taxes?!?!
5) Genuinely curious if they'll release the Grand Jury reports.
its selling loose cigarettes that is illegal which is what Eric was apparently doing. And grabbing someone by the neck with crook of the forearm around the adams apple is a choke hold, because it is crushing the trachea causing, you guessed it choking.
4) WTF New York? You'd authorize use of force (ie, the police) to enforce cig taxes?!?!
Hey, he's only dead, you should have seen what would have happened if he was pushing soft drinks larger than the enforced volume. I mean, at least the soul carries on in this case.
1. The suspect is wrestled to the ground. OK. Fine so far. Discussion of the use of a possibly unauthorized technique aside.
2. The suspect exclaims that he cannot breathe. OK. Still fine. As long as he has enough air to express coherent words, he is OK.
3. Suspect stops talking. This is not good. I would have expected to see an immediate reaction from the police officers.
4. The suspect becomes unresponsive. This is very bad. Why isn't any of the officers checking his breathing, pulse and other vitals?
5. No attempt at CPR. This is beyond bad. Why aren't the police officers (who have at least basic first aid training) trying to save this man?
6. EMTs arrive. Suspect doesn't respond to verbal cues. Suspect doesn't respond to physical stimulus. Suspect does not give a clear indication of having a pulse......and the EMT does nothing? Cuffs aren't removed, pupillary response is not checked. AED isn't applied. No attempt at resuscitation.
What the hell??
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"He died because he had no honor. He had no honor and the Emperor was watching."
It depends. I took aikido and a choke was similar to a headlock, but the arm's bend was brought in a squeezing motion about the neck, much better than choking someone normally.
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2014/12/04 00:43:55
Subject: Re:No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
Co'tor Shas wrote: It depends. I took aikido and a choke was similar to a headlock, but the arm's bend was brought in a squeezing motion about the neck, much better than choking someone normally.
I really don't care what various martial arts define a choke hold as (and I have trained Juijitsu (classical. No BJJ for me), Aikido and the hand-to-hand techniques used by the Danish army).
To me, any hold or technique that restricts breathing is a choke hold.
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"He died because he had no honor. He had no honor and the Emperor was watching."
I watched the video really disappointed. I hate these kinda threads so keeping it short seems like they could have apprehended him with a tazer or letting his neck go when they had 5 cops bearing down on him. Or when the one cop placed his knee on Eric's head the other should have released his neck.
But New York is pretty crazy with cops... Dare I say police state?
First rule of Avatars in a room is: you never call the mods. Second rule of Avatars in a room is: you never call the mods. -Tyler Durden
2014/12/04 00:52:29
Subject: Re:No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
zombiekila707 wrote: I watched the video really disappointed. I hate these kinda threads so keeping it short seems like they could have apprehended him with a tazer or letting his neck go when they had 5 cops bearing down on him. Or when the one cop placed his knee on Eric's head the other should have released his neck.
But New York is pretty crazy with cops... Dare I say police state?
A police state implies secret prison camps and what not. What is lacking is a system of accountability on the police force
I am absolutely shocked that a white cop killed a black guy for no good reason and didn't face criminal charges. Shocked.
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2014/12/04 00:53:28
Subject: Re:No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
Peregrine wrote: I am absolutely shocked that a white cop killed a black guy for no good reason and didn't face criminal charges. Shocked.
Cops never get in trouble, hell they don't even here in Chicago. I mean it took years for a cop to lose his pension for beating the crap out of a girl in a bar on video.
Peregrine wrote: I am absolutely shocked that a white cop killed a black guy for no good reason and didn't face criminal charges. Shocked.
Stop rabble rousing leftie! You don't even live in NY, do you?
Raliewhatever NC I think...
Was the choke hold though maintain for the entire time?
I saw the cop left arm come around the neck and the right arm come up from under the right arm pit and LEO twisted his (both party) victim to the right and onto the ground.
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2014/12/04 00:59:48
Subject: Re:No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
Exact problem found. Preparing riot gear. Also rations.
Whew
Glad I have my IOTV with plates and plenty of ammo
Proud Member of the Infidels of OIF/OEF
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2014/12/04 01:03:57
Subject: Re:No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
Jihadin wrote: Was the choke hold though maintain for the entire time?
From the video, it looks like the hold was only maintained for a few seconds after he was taken to the ground, which is something I find puzzling. If someone dies from a choke, they usually die before you let go, not after (unless the windpipe is crushed, which doesn't seem to be the case as he is still breathing and talking after the officer lets go).
Jihadin wrote: Was the choke hold though maintain for the entire time?
From the video, it looks like the hold was only maintained for a few seconds after he was taken to the ground, which is something I find puzzling. If someone dies from a choke, they usually die before you let go, not after (unless the windpipe is crushed, which doesn't seem to be the case as he is still breathing and talking after the officer lets go).
Choking like that caused an asthma attack and having several knees and hands on his back and head pushing him into the ground made it that much harder to breath. Like I said above it was ruled a homicide by two coroners
Can see in plain sight the LEO right arm behind garner left shoulder. So I can see the "No Indictment" to the choke hold.
Edit
Cops do not have Body Armor like we do
This message was edited 1 time. Last update was at 2014/12/04 01:12:58
Proud Member of the Infidels of OIF/OEF
No longer defending the US Military or US Gov't. Just going to ""**feed into your fears**"" with Duffel Blog Did not fight my way up on top the food chain to become a Vegan...
Warning: Stupid Allergy
Once you pull the pin, Mr. Grenade is no longer your friend
DE 6700
Harlequin 2500
RIP Muhammad Ali.
Jihadin, Scorched Earth 791. Leader of the Pork Eating Crusader. Alpha
2014/12/04 01:13:39
Subject: Re:No Indictment in Eric Garner Chokehold Case for N.Y.P.D. Officer
Jihadin wrote: Was the choke hold though maintain for the entire time?
From the video, it looks like the hold was only maintained for a few seconds after he was taken to the ground, which is something I find puzzling. If someone dies from a choke, they usually die before you let go, not after (unless the windpipe is crushed, which doesn't seem to be the case as he is still breathing and talking after the officer lets go).
Choking like that caused an asthma attack and having several knees and hands on his back and head pushing him into the ground made it that much harder to breath. Like I said above it was ruled a homicide by two coroners
That makes it sound like it was caused more by his poor health than anything else, and it can be a homicide and still not be either murder or manslaughter.
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