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.
“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.”
“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”
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