Posted on 12/03/2014 2:05:50 PM PST by blam
Colin Campbell and Hunter Walker
December 3, 2014
A grand jury announced its decision Wednesday to not indict Daniel Pantaleo, an NYPD officer who held an African-American man in an apparent chokehold during an arrest last July. The man, Eric Garner, a 43-year-old father of six, subsequently died.
Garner was being arrested for allegedly selling illegal, untaxed cigarettes in the New York City borough of Staten Island. Cell phone footage captured by a bystander shows Pantaleo with an arm around Garner's neck while six other officers helped subdue him.
Chokeholds were banned by the NYPD in 1993.
According to the Daily News, Garner's widow, Esaw Garner, reacted with shock when she was informed of the grand jury's decision.
"Oh my God, are you serious?" she said. "I’m very disappointed. You can see in the video that he [the cop] was dead wrong!"
Jonathon Moore, an attorney for the Garner family, told a local CBS affiliate he was "astonished by the decision" not to indict Pantaleo.
The decision is another major blow to activists who had called for the indictment of both Pantaleo and Darren Wilson, the officer who killed 18-year-old Michael Brown in Ferguson, Missouri last August.
(snip)
(Excerpt) Read more at businessinsider.com ...
“The choke hold was improper. Was that the cause of death? It didn’t appear to be a viciously applied choke hold.”
The medical examiner thought so.
“Police can go a little off from time to time.....”
Well, boys will be boys.
I was a federal law enforcement office and worked with the USCG, FBI &DEA etc, so that is point of view I’m coming from.
This is as very tragic incident where a man died, no denying that. I’ll promise you that for 99.9% of the officers in this country this is a nightmare scenario. Not because the man is black or because of the media but because in the line of duty someone died.
The officer’s responsibility is to enforce the law, not to pick and chose which laws he/she will enforce. So let’s not argue that point here.
I’m very confident that the officers here have practiced this scenario many times and may have even used it successfully many times. I believe if you look at the video you will see that the pressure is applied, by the officer on top of the man, to the side of the man’s neck with the officer’s upper arm and forearm. The officer’s elbow leaves the front of the man’s neck clear (no pressure). You can hear in the video the man is able to speak clear enough to be heard even on the phone recording the incident. There is no evidence of a “chock hold” in the video.
Just a few questions: (For an arrestable offence)
1. If a person resists arrest should the office(s) not make an arrest?
2. What level of force should the officer(s) use to make the arrest?
3. Should the officer(s) take into account that something bad might happen and not fulfill the duties they are sworn to?
Separate Question:
If in this case the officer didn’t take the man down and the man took a gun from one of the officers, how many of the officers could he have killed?
Notes:
There are officers that die every year because they don’t use a high enough level of force for the situation they are in.
This was not the first time this man had encountered the police, based on his statements, so I’m not ware of the history and I don’t believe anyone else here is?????
I’m deeply saddened that this tragedy and the Michael Brown death are used by people who care less about the deceased and more about the political opportunity.
May God have mercy on this country!
I'd rather die asserting my rights than live surrendering them to a bunch of ******* thugs.
“I heard on fox or cnn that the family is suing for 75 million”
They need new lawyers.
I’m curious; as a former law enforcement officer I’d like to ask you if there is any situation you could contemplate where a citizen would refuse to do what you told them to do and where you’d walk away instead of escalating the situation?
“The officer’s responsibility is to enforce the law, not to pick and chose which laws he/she will enforce. So let’s not argue that point here.”
...but, Obama heads law enforcement in this country, and he seems to be doing a lot of picking and choosing...and you had better believe that “picking and choosing” goes on every minute at ground level in this country, right down to cops observing people who don’t use turn signals.
So, I WILL argue this point.
” I suspect that police who are not licensed paramedics are prevented by liability policy from rendering aid.”
An interesting point...would a “good samaritan” law trump this? In some countries, you can actually be arrested for FAILING to render aid to someone in trouble, and in turn, you are automatically held harmless from any and all liability incurred in doing so.
Speaking as someone who really knew nothing about this incident till tonight, why didn’t the grand jury agree with the medical examiner?
From these last two incidents, I suspect that police may be required to carry the strongest taser available from now on, and will be expected to use it on apparently unarmed, but resisting perps. If they had tased this guy, he still might have died from a heart attack, but at least there wouldn’t be a question of whether an illegal choke hold was used.
From Pix11 News in New York...
“PBA President Pat Lynch showed up to defend the NYPD. “You did not hear the private medical examiner say that they saw signs of asphyxiation. What they saw is compression to the neck, which is consistent with the medical treatment that Mr. Garner would have received by EMS, would have received in the emergency room at the hospital.”
Lynch said that the police followed proper protocol when trying to detain Garner.
“It’s a seat belt maneuver. It’s a take-down maneuver where a shorter police officer is trying to take down a taller man to the ground,” Lynch said. “You reach up, one arm is under the armpit, the other is around the shoulder, a struggle ensues while we are bringing him down to the ground, not a chokehold and it’s not consistent with a chokehold.” ...”
“I’m curious; as a former law enforcement officer I’d like to ask you if there is any situation you could contemplate where a citizen would refuse to do what you told them to do and where you’d walk away instead of escalating the situation”
I can’t think of a situation as an officer where I would walk away from a “situation”(someone breaking the law). There many times I/we took exhaustive measures not to “escalate” a situation and worked very hard to defuse it, that was part of our training.
If someone was doing something unsafe but not breaking the law and I asked them to stop and they didn’t stop I’m might decide not to “escalate” that situation, depends on what it was.
“The officer’s responsibility is to enforce the law, not to pick and chose which laws he/she will enforce. So let’s not argue that point here.”
...but, Obama heads law enforcement in this country, and he seems to be doing a lot of picking and choosing...and you had better believe that “picking and choosing” goes on every minute at ground level in this country, right down to cops observing people who don’t use turn signals.
So, I WILL argue this point.
That would be AG Holder not Obama, but I know where you are coming from.
IMO this would have been a clear cut taser situation. Even 3-4 cops going hands on with a 350 pounder will have trouble.
The heart attack was a result of people pinning him down and sitting on his chest, you can hear them telling them he can’t breathe, the cops should have heeded that, this was horrible police work and there should be some consequences for the cops whose poor judgement resulted in a needless death.
Negligent homicide.
I believe the question is: Is any person OBLIGATED to render aid? I believe the answer is that if you are a LICENSED medical professional and do not render aid, that a reasonable person would, then you can be charged with some form of crime.
However, if you are NOT licensed, there is no requirement to render aid. However, there is a requirement to obtain aid by notification of the emergency services or calling paramedics. It is my understanding that is exactly what the officers did.
As I understand most good Samaritan laws, the protection that they provide is for those that are not licensed and who offer aid anyway (though not being required).
Taser?
Street Guy was one Happy Meal away from a Heart Attack.
400lbs, Asthma, High Blood Pressure... One whack with a Taser would have ignited a Beached Whale Explosion!
“That would be AG Holder not Obama, but I know where you are coming from.”
That would be Holder with Obama’s hand up his *** working the arms, legs and mouth. I stand corrected.
Taser would have been within policy and cop would be covered by policy.
Cops not responsible to follow health check prior to acting.
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