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The Actual Facts Of The Eric Garner Case
Breitbart.com ^ | December 3, 2014 | Ben Shapiro

Posted on 12/03/2014 6:28:48 PM PST by Biggirl

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1 posted on 12/03/2014 6:28:48 PM PST by Biggirl
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To: Biggirl

So, in deciding whether a grand jury should have indicted Garner, we should assess the following questions:

1.Was there any intent by the officers to kill Garner? That would certainly be an uphill case to make, as the grand jury likely found.
2.Did the “chokehold” kill Garner, or did his pre-existing health conditions kill him? If Garner had otherwise been healthy, would he have died from use of the “chokehold”?
3.If not, would use of the “chokehold” have been reckless?
4.Was the use of the “chokehold” reasonable use of force rather than excessive use of force? Was the “chokehold” necessary to subdue him?


2 posted on 12/03/2014 6:31:40 PM PST by Christie at the beach
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To: Biggirl

The law that led to this confrontation was pressed forward by former New York Mayor Michael Nanny Bloomberg; Garner had been arrested some eight times for selling untaxed cigarettes.


3 posted on 12/03/2014 6:41:43 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: Christie at the beach

Were the actions of the police reasonable in light of the assumed infraction, ie selling untaxed cigarettes? Clear answer is NO.

Did the actions of the police contribute to his death? Clear answer is YES.

We it murder? NO.

Negligent homicide? YES.

However, the prosecutor recognized that if he/she was to go aggressively after the officers involved, the wrath of the police would make the prosecutors job almost impossible. Thus the prosecutor did not push for an indictment, regardless of what was reported. Just the way things work.


4 posted on 12/03/2014 6:42:52 PM PST by rstrahan
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To: rstrahan

Did the actions of Garner contribute to his death? Yes.

Did the actions of Brown contribute to his death? Yes

Did the actions of Trayvon contribute to his death? Yes.


5 posted on 12/03/2014 6:48:27 PM PST by Parley Baer
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To: Christie at the beach

“Was there any intent by the officers to kill Garner? “

Not necessary for manslaughter or negligent homicide.

“Did the “chokehold” kill Garner, or did his pre-existing health conditions kill him? “

also not necessary. The Coroner ruled the decedent died from a injuries caused by the cops.

“If not, would use of the “chokehold” have been reckless?”

The use of that hold is proscribed by the NYC PD. The cop violated published procedure. End of story.

“Was the use of the “chokehold” reasonable use of force rather than excessive use of force?”

NYC PD policy already covers this. See above.


6 posted on 12/03/2014 6:49:37 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.d)
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To: smokingfrog

Anything but selling ciggs. That is the worse, most horrible, dastardly thing a human being could possibly do. The death sentence via choking is warranted. /s/


7 posted on 12/03/2014 6:49:51 PM PST by SaraJohnson
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To: Biggirl

The linked article states that Garner died at the scene. I’ve also read that he died later, at an ER. I’m not sure which is true.


8 posted on 12/03/2014 6:51:18 PM PST by DBrow
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To: Biggirl

Strange.

In amongst all these facts and discussion, the thought that keeps going round and round in my head:

How may states is it legal to sell marijuana, and yet selling individual cigarettes is illegal.

Man the things going on in this country make my head spin.


9 posted on 12/03/2014 6:52:05 PM PST by I cannot think of a name
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To: Lurker

I think there was probable cause for some form of manslaughter. The office has him in his custody. He employed a prohibited choke hold. The finding in his death had already been found to not from natural causes by the coroner. The Grand Jury had probable cause.

A jury could have found that there was not enough proof for manslaughter based upon the wording of the law but it was not proper action by the officer and a man died.


10 posted on 12/03/2014 6:57:58 PM PST by KC Burke (Gowdy for Supreme Court)
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To: Christie at the beach

Did the officer kill the man recklessly-yes
Was it racism-no


11 posted on 12/03/2014 6:58:08 PM PST by packrat35 (Pelosi is only on loan to the world from Satan. Hopefully he will soon want his baby killer back)
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To: Biggirl

The man is dead because that cop killed him, surely there is some sort of penalty for doing that.


12 posted on 12/03/2014 7:08:24 PM PST by ansel12
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To: ansel12

So let’s just throw out some of these old fashioned ideas like the Bill of Rights, the Constitution, double jeopardy, grand jury, on and on.


13 posted on 12/03/2014 7:10:01 PM PST by ladyjane
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To: DBrow

Maybe he died at the scene, but was officially pronounced dead in the ER by a doctor?


14 posted on 12/03/2014 7:10:14 PM PST by Girlene
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To: Lurker

“The Coroner ruled the decedent died from a injuries caused by the cops.”

Here is what the medical examiner actually stated: “On August 1, 2014, city medical examiners concluded that Garner was killed by neck compression from the chokehold along with “the compression of his chest and prone positioning during physical restraint by police”. Asthma, heart disease and obesity were contributing factors.”

You might want to read more about what a true choke hold is here:
http://www.leelofland.com/wordpress/eric-garner-death-by-chokehold-maybe-not/


15 posted on 12/03/2014 7:10:18 PM PST by Nifster
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To: Biggirl

In the cases of O.J., Martin, Brown and now Garner, black people as a group overwhelmingly side with skin color, regardless of facts.

On that basis alone, I side with the white guy. I’ve read nothing about this case until now.

White guy - not guilty.


16 posted on 12/03/2014 7:11:34 PM PST by Graybeard58 (V.33 Be not deceived: evil communications corrupt good manners. Corinthians 10:)
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To: Biggirl

If blacks wanted to riot about this, I MIGHT be okay with it...


17 posted on 12/03/2014 7:11:47 PM PST by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: SaraJohnson

Selling UNTAXED cigs is worse.


18 posted on 12/03/2014 7:14:46 PM PST by Scrambler Bob (/s /s /s /s /s, my replies are "liberally" sprinkled with them behind every word and letter.!)
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To: ladyjane

That pretty much describes the killing of the man on the sidewalk.

I think a killing of that sort should result in some sort of penalty, if you don’t, then you shouldn’t be worrying much about the Bill of Rights and the Constitution.


19 posted on 12/03/2014 7:15:45 PM PST by ansel12
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To: SaraJohnson
I'll bet you anything that statistically the anti-smoking Nazis will include this as a, "tobacco related death."

A few years back there was an out of state group pushing some draconian measures here in Louisiana. Some of their agit-prop had some statistics I thought were questionable, particularly when they presented a table of "tobacco related deaths" by age group. I saw a handful of surprisingly young people dying of tobacco related deaths so I did some digging into where the stats came from, and it turns out they had died in a house fire the fire marshal had determined the cause to be a cigarette.

20 posted on 12/03/2014 7:22:05 PM PST by Joe 6-pack (Qui me amat, amat et canem meum.)
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