I have no idea what constitutes a lawful or an unlawful one in the state of NY.
The actions did not go against NYPD policy.
The specific choke hold banned included the use of a hard wooden baton. There was no wooden baton here.
I myself stated that this choke hold was used here against NYPD policy. I was wrong.
Even if they did everything legally, it was still poorly done.
The police knew they were going to pick up this guy. They should have anticipated what was going to happen.
Smaller Leos have to be more forceful in getting large people to comply. If they had sent three hulking cops to arrest this 350 pound man I believe he would not have resisted. The guys, say 6'8", about 300 pounds each, and in very good condition would not have had to choke him, wrestle him to the ground and climb on top of him. IMHO
The policeman also did not have his other arm behind the neck of the suspect. A chokehold is used to cut off the blood flow to the brain, so the second arm is needed to apply pressure at the back of the neck. The hold the policeman used had an arm around the front of his neck and the other arm was not applied. His hands were interlocked.
I don’t know, this seems to say otherwise:
“Members of the New York City Police Department will NOT use chokeholds. A chokehold 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.”
New York Police Department Patrol Guide, 2004 Edition
http://www.pbs.org/pov/everymothersson/special_nypd_force.php
These sections also seem to be relevant:
“Whenever possible, members should make every effort to avoid tactics, such as sitting or standing on a subject’s chest, which may result in chest compression, thereby reducing the subject’s ability to breathe.”
“If a person appears to be having difficulty breathing or is otherwise demonstrating life-threatening symptoms, medical assistance will be requested immediately. The patrol supervisor will direct that alternate means to maintain custody be utilized, if appropriate.”
I heard the guy had Asthma and heart problems - how was the cop supposed to know that - Sadly I think the same sort of entitlement that Michael Brown had also got this guy killed. He thought he was entitled to sell cigarettes illegally and protested when Police wanted to arrest him. He knew it was illegal. I don’t understand the mentality that says yes I was doing something wrong but you are wrong to arrest me. If he had put his “Hands up” he might still be alive. He was committing a crime he resisted arrest and died because of it.