I have no idea what constitutes a lawful or an unlawful one in the state of NY.
I don’t know if the choke hold was legal or not but it doesn’t appear necessary.
There was no evidence of asphyxiation, so let's stop with the media propaganda calling it a choke hold.
Well I would say this about that choke looking at the picture.
Even thought the officers arm is in fact under the mans chin, his other arm is not behind the head pushing the head forward and this causing a windpipe choke against the arm under the chin.
That would be the sleeper hold or rear naked choke. That choke can deny a person air, and if held long enough is basically strangulation.
I do not see that here at all.
Also, it is not a choke that is constricting the arteries on either side of the neck.
Neither the man nor the officer is in a proper position for the officer to have the leverage to do that sort of choke which DOES NOT deprive the victim of oxygen to the lungs, but rather causes the victim to pass out due to lack of blood to the brain.
It looks to me like all that is going on here is that the officer is securing the man’s head, which I must say is large.
LAPD and NYPD (probably other forces as well) used to use a baton to cut off blood flow to the brain to bring perps under control. You get a guy high on PCP or some other substance, there’s a good chance they are not only going to hurt you, but they can also get hurt in the process. This guy may in fact be a good example of that.
I don’t like the baton method. I don’t care for this either, but this guy wasn’t going to comply in any way.
All he had to do was produce I.D. and take his citation. Instead he refused to cooperate at any stage in this process.
He made his choice. I’m not happy with the one he made, but it was his choice.
So this choked hold was not illegal?
...
The officer does have his arm around the neck, but the coroner found no damage to the trachea or to the bones in the neck that would indicate a choke.
Furthermore, the ban on choke holds is a police department policy, not a New York statute.
Man died of a choke hold. Choke hold are considered under the law to be lethal force. Someone I arrested a puppy thief that accused me of using a choke hold and that became a serious issue. Witnesses said I never got near the idiot’s neck so that went away, but it left me the knowledge that choke holds are considered lethal force.
You see the black female sergeant in charge.