Police Chokehold Killed Eric Garner, Medical Examiner Rules

WABC-TV NYC ^ | August 01, 2014 | Josh Einiger

[bamahead]

TOTTENVILLE (WABC) -- The New York Medical Examiner has ruled Eric Garner died from a chokehold used by a police officer during his arrest for selling untaxed, loose cigarettes last month, calling it a homicide.

The autopsy found that Garner, 43, died as a result of compression of neck, compression of chest and prone positioning during physical restraint by police.

Mayor Bill de Blasio released the following statement. "On behalf of all New Yorkers, I extend my deepest sympathies to the family of Eric Garner ... My administration will continue to work with all involved authorities, including the Richmond County District Attorney, to ensure a fair and justified outcome."

Contributing factors included acute and chronic bronchial asthma, obesity, and hypertensive cardiovascular disease, the medical examiner said.

"The NYPD has been informed of the preliminary findings by the Office of Chief Medical Examiner as it relates to the death of Eric Garner. We will continue to cooperate with the Richmond County District Attorney's office, which is the lead investigative entity in this case," Police Commissioner William Bratton said.

---SNIP---

The Staten Island district attorney will now determine whether to empanel a grand jury and charge officers in the death of Garner, who lived in the borough. The case is fraught with political consequences for District Attorney Daniel Donovan, a Republican whose office has a strong working relationship with the NYPD and whose constituents are overwhelmingly white and include many officers and their relatives.

If the officers aren't charged, there's fear the tensions surrounding Garner's death could dramatically increase, which is why City Hall wouldn't oppose the federal government assuming the case, according to a senior administration source who talked to the Associated Press.

[Cen-Tejas]

No argument from me and at least one freeper cop that these cops violated their own rules and were to some forever indeterminable degree responsible for his death. A jury will ultimately set the “degree” of responsibility.

Moreover, I would add, had there been even room temperature intelligence amongst this particular group of cops a better way to arrest the guy most likely could have been found.

Notwithstanding any of the foregoing, this guy is likewise responsible to some degree for resisting arrest.

[Cen-Tejas]

I think one of the cops was a _______ .

[Moonman62]

https://www.youtube.com/watch?v=vT66U_Ftdng

At four minutes in the above video the EMT is checking for a pulse on his left wrist. It appears that there is some type of extender on the cuffs. The right bracelet is not on his right wrist but it is connected to something.

At around five minutes she places her hand on his abdomen to check that he’s breathing. She also does that again before he’s placed on the stretcher.

[raybbr]

I hope you realize that quote was not mine?

[trisham]

Very sad.

[vette6387]

“Looked to me like the ones at the Bundy ranch figured it out pretty good...”

You noticed! It’s a funny thing when the JBT’s face armed citizens isn’t it? It’s time for all these “armed extensions” of gov’t agencies be disbanded. If arrests need to be made, call your local sheriff. However, in the Bundy case, the Clark County Sheriff would have probably been pi$$ing in his uni.

[Georgia Girl 2]

The penalty for selling cigarettes should not be death by asphyxiation. Those cops need to face charges. They never even tried to save the guy.

[dragnet2]

Have the usual suspects shown up to explain how this was all perfectly legitimate, and simply the result of the man being overweight?

I wonder if they think a jury would buy that?

[Georgia Girl 2]

There are always a few who try to rationalize anything the cops do.

[Moonman62]

https://www.youtube.com/watch?v=vT66U_Ftdng

Check the above video. If he was asphyxiated, how could he still be breathing at least three minutes into the video. One of the police officers checks his pulse multiple times before the EMT arrives. When the EMT arrives, the first thing she does is check for his pulse. She also checks for respiration twice, the last time right before he is put on the stretcher.

[FBD]

There’s no evidence that Garner was even breaking any laws, only an *allegation* by a cop who has repeatedly lied in previous cases. There was no evidence of any criminal activity on Garners part, only a call to an altercation between two people that Garner was witness to and had stopped.

Daniel Panteleo has two lawsuits, one settled, one currently pending against him for falsifying reports and violations of civil rights. Both cases, all charges were dropped against the defendants because of Panteleos’ lies.

This will be the third go around for Panteleo, who is likely a Sociopathic liar. Believe him if you want, but I chose to believe that Eric Garner was merely standing there visiting with people and having a cigarette, and he had stepped in and stopped an altercation just before this vice squad sports jersey punk, and his tattooed skinny skank of a partner had showed up.

And for any of you on this thread ( not necessarily anyone on this ping) who justifies police “choke holds”, the city of New York has banned them, because of deaths. Stop with your badge polishing, statist big government boot licking excuses and lies.

Panteleo is just the adult version of a schoolyard bully who picks on the fat kid... just because he *can*, and because he's a government agent enforcing an unjust tax code on cigarettes.

http://static2.nydailynews.com/polopoly_fs/1.1871926.1405698080!/img/httpImage/image.jpg_gen/derivatives/article_970/choke18n-12-web.jpg

http://static1.nydailynews.com/polopoly_fs/1.1873029.1405826207!/img/httpImage/image.jpg_gen/derivatives/article_970/choke20n-4-web.jpg

[dragnet2]

There’s no evidence that Garner was even breaking any laws, only an *allegation* by a cop who has repeatedly lied in previous cases.

Hey, I recall others jumping on here a week or two ago on another thread regarding this event. They were totally attempting to bring up Garners past in a clear attempt to smear and discredit this guy using the leftist media. They are pros at this.

But when NY city government and their police history of past lies, crimes and corruption were brought up, they didn't like it. Suddenly that was irrelevant.

If fact a few started getting PO'd when the cops history, who were involved in this specific incident, was brought up and revealed.

That entire thread was very revealing....

[Theoria]

My discussion was not about the right or wrong of arresting Mr. Garner. But, the use of the restraining hold to subdue Mr. Garner.

You posted several photos. Good. Posts the remaining photos showing the hold released and Mr. Garner moving his arm and talking.

I'll take my experience and own eyes over a .Gov ME any day. But, I'm willing to apologize and admit my mistake once I see the ME report and such.

This is a similar scenario of the outcome of a gunshot. Did the gun kill the person? No. Usually the person died from loss of blood. This will be that type of adjournment. The hold was released and the citizen was breathing and such. This is a perfect storm where a person with various underlying medical conditions is confronted by .Gov and from there the result is obvious.

While we talk about the LEO overreach, the more obvious abuse is the lack of urgency and concern for Mr. Garner once he is subdued. Any other person that required a EMT or medical assistance would have be treated with respect and concern. There was nothing.

[FBD]

“The hold was released and the citizen was breathing and such. This is a perfect storm where a person with various underlying medical conditions is confronted by .Gov and from there the result is obvious.”

---

Officer Daniel Pantaleo has committed multiple felonies in his use of excessive force. The D.A. must file criminal charges.

1) The NYPD prohibits using choke holds unless as a *last resort*..
Section 203-11 of the NYPD Patrol Guide states:
“Members of the New York City Police Department will NOT use choke holds. A choke hold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”

2) By applying the prohibited hold, Officer Pantaleo has committed the crime of strangulation in the 1st degree:

NYS Penal Law: § 121.13 Strangulation in the first degree.
“A person is guilty of strangulation in the first degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes serious physical injury to such other person.”

Strangulation in the first degree is a class C felony.

3) Eric Garner’s death is a direct result of Officer Pantaleo’s illegal and criminal choke hold. Being a direct result, Pantaleo has committed the crimes of Manslaughter 2nd °, and Criminally negligent homicide.

NYS Penal Law:§ 125.15 Manslaughter in the second degree:

A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person.

Manslaughter in the second degree is a class C felony.
NYS Penal Law:§ 125.10
“Criminally negligent homicide.
A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.Criminally negligent homicide is a class E felony.”

[TheOldLady]

Gee, how did you get to examine the corpse before the Medical Examiner did?

The police officers murdered this man. Just ask the ME before you speculate from
fuzzy video and photos.

You seriously want to see these thugs escape for murdering someone? A husband
and father of four is lost to his family forever.

And he wasn’t doing anything wrong. They found no cigarettes on him or in his car.

Give it up, and stop lying about what happened.

[FBD]

Section 203-11 of the NYPD Patrol Guide is clear:

“Members of the New York City Police Department will not use choke holds. A choke hold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”
... “Failure to do so may result in both criminal and civil liability.”

“EXCESSIVE FORCE WILL NOT BE TOLERATED”

http://pbs.twimg.com/media/Bs2xuuKCIAABh7S.jpg:medium

[Respond Code Three]

"The police officers murdered this man. Just ask the ME before you speculate from fuzzy video and photos."

If Theoria asks the ME what the cause of death was he would say it was a homicide, he would NOT tell her it was murder. It is beyond his scope of duties to make give a legal opinion that it was murder. That is for the District Attorney to decide.

[Respond Code Three]

Rottndog: "Awaiting the badgelickers to declare it was a justifiable homicide..."

OldMissileer: "See the post just below yours. You made it by one single post."

I checked the post just below Rottndog's to see if Theoria declared this to be a justifiable homicide. She said nothing of the sort. She disagreed with the finding that this was a homicide, and said she would read the report. She NEVER said it was a JUSTIFIABLE HOMICIDE!

[Respond Code Three]

"Frankly, this was cold-blooded murder."

The District Attorney has not yet issued an opinion that I know of. Can you provide a link?

[dragnet2]

She disagreed with the finding that this was a homicide, and said she would read the report.

Hmmm, she disagrees with the finding, but was not present during the examination/autopsy when performed and prior to her reading the report?

No bias there, right Mr. code three?