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N.Y. cop not indicted in chokehold death
New York (CNN) -- [Breaking news update, published at 2:39 p.m. ET]
A grand jury decided against an indictment Wednesday in the death of Eric Garner, an unarmed black man, who died after white police officer Daniel Pantaleo put him in a chokehold, according to two law enforcement officials.
During his fatal police encounter, Garner raised both hands in the air and told the officers not to touch him.
Seconds later, a video shows an officer behind him grab him in a chokehold and pull him to the sidewalk, rolling him onto his stomach.
"I can't breathe! I can't breathe!" Garner said repeatedly, his cries muffled into the pavement.
The cause of Garner's death was "compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police," the medical examiner's office has said. The death was ruled a homicide.
Echoes of Ferguson: Will New York cop face charges in chokehold death?
A black man dies after a confrontation with a white policeman. Crowds take to the streets incensed, decrying police brutality. And a grand jury is called to hear the case.
The place is not Ferguson, and the case is not Michael Brown's. It's Staten Island, New York. And on Wednesday, a grand jury is expected to decide whether to indict white Officer Daniel Pantaleo, two officials said, who put African-American Eric Garner in a chokehold.
The New York City Police Department prohibits the move.
"I can't breathe! I can't breathe," Garner cried out after he went down on July 17. Seconds later, the 350-pound man, who suffered from asthma, lay motionless and unresponsive on the sidewalk. An ambulance carried him away on a stretcher.
He was pronounced dead that day at age 43.
Police had suspected him of illegal vending. He had been arrested on the same suspicion two months prior and had a lengthy criminal record, including 30 arrests.
Parallels mark the deaths of both black men, starting with crimes they were suspected of -- Brown allegedly stole cigars from a convenience store; Garner was allegedly selling cigarettes tax-free.
Another similarity that has become the hallmark of protests in Ferguson: Garner put his hands up in the air, as the crook of Pantaleo's elbow tightened around his throat.
Some eyewitnesses have said that Brown too made that gesture in surrender. But other witnesses contradicted them.
No video was rolling, so doubts over that and other details will always hang over the moment that former Ferguson police officer Darren Wilson shot the unarmed teen.
That has led President Obama to call for law officers all over the country to record their operations with body cameras.
In Garner's case, there can be little doubt what happened.
Before he gasped what appeared to be his final breaths, someone hit record on a cell phone camera. The details of his takedown spread through the Internet as the video went viral.
Wilson argued before the Missouri grand jury that he shot Brown -- who he alleged tried to wrest away his gun then charged at him -- in self-defense.
In the Staten Island cell phone video, Garner did not go after Pantaleo but had his back to him; the officer jumped him from behind then tackled him to the ground.
The New York City medical examiner has ruled Garner's death a homicide. The cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police."
But the medical examiner also listed acute and chronic bronchial asthma, obesity and hypertensive cardiovascular disease as contributing factors in Garner's death.
In Ferguson, Wilson went into hiding over death threats and kept his status of police officer but was placed on leave. He resigned shortly after the grand jury decision.
After the chokehold, Pantaleo was put on modified assignment and stripped of his badge and gun amid the investigation, and the NYPD's commissioner ordered an extensive review of training procedures.
An attorney for Pantaleo said his client testified for approximately two hours on November 21 in front of the grand jury.
"He was anxious and anxiety-filled prior to that," said Stuart London. "He is cautiously optimistic and knows that his fate is in their hands now."
Two lawsuits have previously been filed against Pantaleo. The plaintiffs in both suits allege false arrest, unlawful imprisonment, civil rights violations and other charges.
One suit from 2013 was dismissed in January 2014, while the second, from February 2014, remains open.
Ferguson and New York
In both Ferguson and New York City, mostly African-American protesters took to the streets for weeks after both men died to decry police violence.
Demonstrators in New York have called the police response during Garner's arrest excessive and criminal, but during protests, the contact between police and demonstrators has been largely cordial.
"The NYPD appeared genuinely sympathetic to the marchers, giving everyone wide latitude to voice their frustrations," said photographer Joel Graham, who took pictures of a demonstration Upper Manhattan.
He found the demonstrators to be equally peaceful.
"This crowd was composed of good, well-meaning people who understood that peace was the only option and were adamant that things remain calm over Eric's death," he said.
Missing were the tear gas canisters, assault rifles, armored vehicles and the lootings and flying bottles that marred the St. Louis suburb in the wake of Brown's death.
When the Missouri grand jury declined to charge Wilson, violence returned to Ferguson, as cars were set on fire.
On Staten Island, although it's not certain, the announcement of the grand jury decision is expected before the end of the week.
On Monday, officials there met with New York City Police Commissioner William Bratton to discuss the impending decision and the borough's preparedness for reaction to it.
SOURCE: http://www.cnn.com/2014/12/03/justice/new-york-grand-jury-chokehold/index.html?hpt=hp_t1
A grand jury decided against an indictment Wednesday in the death of Eric Garner, an unarmed black man, who died after white police officer Daniel Pantaleo put him in a chokehold, according to two law enforcement officials.
During his fatal police encounter, Garner raised both hands in the air and told the officers not to touch him.
Seconds later, a video shows an officer behind him grab him in a chokehold and pull him to the sidewalk, rolling him onto his stomach.
"I can't breathe! I can't breathe!" Garner said repeatedly, his cries muffled into the pavement.
The cause of Garner's death was "compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police," the medical examiner's office has said. The death was ruled a homicide.
Echoes of Ferguson: Will New York cop face charges in chokehold death?
A black man dies after a confrontation with a white policeman. Crowds take to the streets incensed, decrying police brutality. And a grand jury is called to hear the case.
The place is not Ferguson, and the case is not Michael Brown's. It's Staten Island, New York. And on Wednesday, a grand jury is expected to decide whether to indict white Officer Daniel Pantaleo, two officials said, who put African-American Eric Garner in a chokehold.
The New York City Police Department prohibits the move.
"I can't breathe! I can't breathe," Garner cried out after he went down on July 17. Seconds later, the 350-pound man, who suffered from asthma, lay motionless and unresponsive on the sidewalk. An ambulance carried him away on a stretcher.
He was pronounced dead that day at age 43.
Police had suspected him of illegal vending. He had been arrested on the same suspicion two months prior and had a lengthy criminal record, including 30 arrests.
Parallels mark the deaths of both black men, starting with crimes they were suspected of -- Brown allegedly stole cigars from a convenience store; Garner was allegedly selling cigarettes tax-free.
Another similarity that has become the hallmark of protests in Ferguson: Garner put his hands up in the air, as the crook of Pantaleo's elbow tightened around his throat.
Some eyewitnesses have said that Brown too made that gesture in surrender. But other witnesses contradicted them.
No video was rolling, so doubts over that and other details will always hang over the moment that former Ferguson police officer Darren Wilson shot the unarmed teen.
That has led President Obama to call for law officers all over the country to record their operations with body cameras.
In Garner's case, there can be little doubt what happened.
Before he gasped what appeared to be his final breaths, someone hit record on a cell phone camera. The details of his takedown spread through the Internet as the video went viral.
Wilson argued before the Missouri grand jury that he shot Brown -- who he alleged tried to wrest away his gun then charged at him -- in self-defense.
In the Staten Island cell phone video, Garner did not go after Pantaleo but had his back to him; the officer jumped him from behind then tackled him to the ground.
The New York City medical examiner has ruled Garner's death a homicide. The cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police."
But the medical examiner also listed acute and chronic bronchial asthma, obesity and hypertensive cardiovascular disease as contributing factors in Garner's death.
In Ferguson, Wilson went into hiding over death threats and kept his status of police officer but was placed on leave. He resigned shortly after the grand jury decision.
After the chokehold, Pantaleo was put on modified assignment and stripped of his badge and gun amid the investigation, and the NYPD's commissioner ordered an extensive review of training procedures.
An attorney for Pantaleo said his client testified for approximately two hours on November 21 in front of the grand jury.
"He was anxious and anxiety-filled prior to that," said Stuart London. "He is cautiously optimistic and knows that his fate is in their hands now."
Two lawsuits have previously been filed against Pantaleo. The plaintiffs in both suits allege false arrest, unlawful imprisonment, civil rights violations and other charges.
One suit from 2013 was dismissed in January 2014, while the second, from February 2014, remains open.
Ferguson and New York
In both Ferguson and New York City, mostly African-American protesters took to the streets for weeks after both men died to decry police violence.
Demonstrators in New York have called the police response during Garner's arrest excessive and criminal, but during protests, the contact between police and demonstrators has been largely cordial.
"The NYPD appeared genuinely sympathetic to the marchers, giving everyone wide latitude to voice their frustrations," said photographer Joel Graham, who took pictures of a demonstration Upper Manhattan.
He found the demonstrators to be equally peaceful.
"This crowd was composed of good, well-meaning people who understood that peace was the only option and were adamant that things remain calm over Eric's death," he said.
Missing were the tear gas canisters, assault rifles, armored vehicles and the lootings and flying bottles that marred the St. Louis suburb in the wake of Brown's death.
When the Missouri grand jury declined to charge Wilson, violence returned to Ferguson, as cars were set on fire.
On Staten Island, although it's not certain, the announcement of the grand jury decision is expected before the end of the week.
On Monday, officials there met with New York City Police Commissioner William Bratton to discuss the impending decision and the borough's preparedness for reaction to it.
SOURCE: http://www.cnn.com/2014/12/03/justice/new-york-grand-jury-chokehold/index.html?hpt=hp_t1
The beautiful thing about the "pedestal" is, the little place on top is only big enough for the person who brings it up. No real surprise when you consider the source of this particular "pedestal". CE's moral compass only made enough room for his over inflated ego and not much else.
This guy is NOT dead because he sold cigarettes. Numerous factors came into play and he, nor a few people around here are okay with taking responsibility for those things.
To think this man may still be alive (assuming any of the myriad of health issues he dad didn't kill him... I'm sure the family would have blamed a doctor if a health issue was directly responsible for an untimely death) if he had only been compliant....
This guy is NOT dead because he sold cigarettes. Numerous factors came into play and he, nor a few people around here are okay with taking responsibility for those things.
To think this man may still be alive (assuming any of the myriad of health issues he dad didn't kill him... I'm sure the family would have blamed a doctor if a health issue was directly responsible for an untimely death) if he had only been compliant....
No such thing as outrage from the White House, Rev Al, Jesse or the black community in general as they commit genocide on themselves.
I agree it is a human problem. Not a race, political party verses another, etc. problem.
I am not for police violence that is unnecessary. My problem is that I don't always know when it is necessary to subdue someone and I don't think they always know either. Or it appears that way.
I feel for the people who've been lost. Garner was a dad, grandfather and sounds like he had some significant struggles. I do wish he'd just have listened to the police! That moment in time makes all the difference. I'm sure each of these victims have so much more to who they are than just that moment of defiance with the police.
I know the police have more to them as well besides that one moment in which they acted. They too are fathers and husbands who want to make it home that night to their family.
So, I think it can be complex. I think there are rotten police officers and police officers that make mistakes. For sure.
but I will still teach my sons (and maybe my husband if he is having a bad day) to do what the police officer says IMMEDIATELY to protect themselves.
I don't know if we feel 'that' differently on the subject at all. I don't like police brutality. I think they can go overboard. This can have tragic results. But I do also think that people need to comply with them especially at those critical moments in which the police are trying to judge whether they are a threat or not.
I am not for police violence that is unnecessary. My problem is that I don't always know when it is necessary to subdue someone and I don't think they always know either. Or it appears that way.
I feel for the people who've been lost. Garner was a dad, grandfather and sounds like he had some significant struggles. I do wish he'd just have listened to the police! That moment in time makes all the difference. I'm sure each of these victims have so much more to who they are than just that moment of defiance with the police.
I know the police have more to them as well besides that one moment in which they acted. They too are fathers and husbands who want to make it home that night to their family.
So, I think it can be complex. I think there are rotten police officers and police officers that make mistakes. For sure.
but I will still teach my sons (and maybe my husband if he is having a bad day) to do what the police officer says IMMEDIATELY to protect themselves.
I don't know if we feel 'that' differently on the subject at all. I don't like police brutality. I think they can go overboard. This can have tragic results. But I do also think that people need to comply with them especially at those critical moments in which the police are trying to judge whether they are a threat or not.
Hi all, I found this information about Mr Garner, evidently he had a job with the Dept of Parks until his health forced him to stop. He then started selling the loose cigarettes to try to support his family. Just sharing information. He was a person, someones father, grandfather.
Here’s what’s known about the 43-year-old father of six from Staten Island:
Garner was 6’3″ tall and weighed 350 pounds. His asthma forced him to quit his job as a horticulturalist for New York’s Department of Parks and Recreation. His friends told the New York Times he had diabetes and sleep apnea, and that he wheezed when he spoke.
Here’s what’s known about the 43-year-old father of six from Staten Island:
Garner was 6’3″ tall and weighed 350 pounds. His asthma forced him to quit his job as a horticulturalist for New York’s Department of Parks and Recreation. His friends told the New York Times he had diabetes and sleep apnea, and that he wheezed when he spoke.
Thank you for your comment. I really appreciate. Thank you Dee
All
I guess I am naive however in my mind the violence is not an us against them or , republicans vs democrats, police against civilians. I don't believe that people are against the police. I think they are upset about a few instances of violence, a few not all, at least I would hope that is the way it is. Generalizing about any one race, religion, political affiliation can't be good.
This is a human problem. I hope we can all come together.
Dee
All
I guess I am naive however in my mind the violence is not an us against them or , republicans vs democrats, police against civilians. I don't believe that people are against the police. I think they are upset about a few instances of violence, a few not all, at least I would hope that is the way it is. Generalizing about any one race, religion, political affiliation can't be good.
This is a human problem. I hope we can all come together.
Dee
Yes, I recall something like that and I couldn't agree more. I never thought the pedestal seemed like a good place to be; there seems to be competition for it and one could easily get pushed off.
A phrase about placing ones self on a high pedestal and a long way to fall comes to mind.
"Disturbingly insensitive and perhaps malevolent."
Where's the outrage? Just another day in Obama's home town.
Two men were killed and 13 other people, including a 15-year-old boy, were wounded since Friday in separate shootings on the city's Far South and West sides, said police.
http://www.chicagotribune.com/news/local/breaking/chi-chicagoviolenceshootings20141212-story.html
Two men were killed and 13 other people, including a 15-year-old boy, were wounded since Friday in separate shootings on the city's Far South and West sides, said police.
http://www.chicagotribune.com/news/local/breaking/chi-chicagoviolenceshootings20141212-story.html
You're reaction is good. and rooted in a deep moral framework.
The contrary viewpoint? Disturbingly insensitive and perhaps malevolent.
The contrary viewpoint? Disturbingly insensitive and perhaps malevolent.
No, I don't think that's what all Democrats have become... Situations like this elicit sympathy from nice people... OH and Dee are both nice, as are all of us, I think... we just look at things differently.
I don't think Eric Garner should have died that day; I don't think Michael Brown should have died. I think both situations are extremely tragic, but I firmly believe that they were both more than partially responsible for their own deaths. Had they not committed crimes in the first place, they probably wouldn't have been involved with the police at all, but if they were, all they had to do was obey, then if they were mistreated, they could lodge their complaint like RGlass said and it would go on their record.
I agree that some cops get caught up in the authority that the badge and the uniform gives them and they get a bit overzealous; those cops need to be culled from police forces. But before we start blaming the cops for everything and talking about a police state we need to look at the criminals and make them be responsible for their actions. When people don't have to be responsible for their actions, is when we have these kinds of problems.
Like Vance, I have a lot of compassion - just not a lot for criminals who don't do what the police tell them to do.
I don't think Eric Garner should have died that day; I don't think Michael Brown should have died. I think both situations are extremely tragic, but I firmly believe that they were both more than partially responsible for their own deaths. Had they not committed crimes in the first place, they probably wouldn't have been involved with the police at all, but if they were, all they had to do was obey, then if they were mistreated, they could lodge their complaint like RGlass said and it would go on their record.
I agree that some cops get caught up in the authority that the badge and the uniform gives them and they get a bit overzealous; those cops need to be culled from police forces. But before we start blaming the cops for everything and talking about a police state we need to look at the criminals and make them be responsible for their actions. When people don't have to be responsible for their actions, is when we have these kinds of problems.
Like Vance, I have a lot of compassion - just not a lot for criminals who don't do what the police tell them to do.
"All I can say is that I will teach my boys that if there is a policeman telling them to do something to DO IT IMMEDIATELY. For their own safety as much as anything else."
Rather the cops are right or wrong, still obey their commands. You're going to one way or the other, so why be stupid by resisting.
People don't realize complaints against Officers go on their record. You can even take them to court. They can be suspended, knocked down in rank, sent to work a desk job, passed over for promotions, fired, etc. But the complaints/report has to be pursued.
That's the way you get rid of Bad Cops.
Eric Garner, Michael Brown, even Rodney King (deserved to get his a$$ beat, just not by the cops), brought it upon themselves. All they had to do was comply and it wouldn’t have happened.
Rather the cops are right or wrong, still obey their commands. You're going to one way or the other, so why be stupid by resisting.
People don't realize complaints against Officers go on their record. You can even take them to court. They can be suspended, knocked down in rank, sent to work a desk job, passed over for promotions, fired, etc. But the complaints/report has to be pursued.
That's the way you get rid of Bad Cops.
Eric Garner, Michael Brown, even Rodney King (deserved to get his a$$ beat, just not by the cops), brought it upon themselves. All they had to do was comply and it wouldn’t have happened.
I'm not a Democrat but don't like police brutality. I do totally agree that these incidences are disheartening. I also agree that they start with someone not obeying the law and resisting what a police officer is telling them. Then the police go hot wild. I really think law enforcement often attracts certain kinds of people . . macho bully types who somehow enjoy the authority they can lord over others. I also think that it's a noble job and that it's dangerous and they have to protect themselves.
So, I walk a fine line on this subject. I think the police officer's safety is the first priority and then the person they are 'working with'. Seconds can become critical for what direction things are going to go.
All I can say is that I will teach my boys that if there is a policeman telling them to do something to DO IT IMMEDIATELY. For their own safety as much as anything else.
So, I walk a fine line on this subject. I think the police officer's safety is the first priority and then the person they are 'working with'. Seconds can become critical for what direction things are going to go.
All I can say is that I will teach my boys that if there is a policeman telling them to do something to DO IT IMMEDIATELY. For their own safety as much as anything else.
I'm speechless.
Is this what Democrats have become?
People shouldn't have to be held accountable for their actions? His death, although tragic, isn't the point, which is something that seems to be escaping our Lefty friends.
Take the police away, and we'll see who the Left calls when thugs are robbing their house(s).
Color me stunned.
Is this what Democrats have become?
People shouldn't have to be held accountable for their actions? His death, although tragic, isn't the point, which is something that seems to be escaping our Lefty friends.
Take the police away, and we'll see who the Left calls when thugs are robbing their house(s).
Color me stunned.
HE BROKE THE LAW! HE RESISTED ARREST!
Compassion is for someone who is out of work and has tried and tried again to get a job but just can't and you help him with some money or food. Compassion is finding a combat vet a job and help get him/her counceling for PTSD.
At my church I see all kinds of compassion. We do a Thanksgiving food drive and we fed over 500 people. We do a Christmas Tree gifts and will be giving gifts to over 200 people. Maybe compassion is on the decline because America has gone away from God. It has nothing to do with a police state. It has to do with belief in The Lord and what he has given to us.
Compassion is for someone who is out of work and has tried and tried again to get a job but just can't and you help him with some money or food. Compassion is finding a combat vet a job and help get him/her counceling for PTSD.
At my church I see all kinds of compassion. We do a Thanksgiving food drive and we fed over 500 people. We do a Christmas Tree gifts and will be giving gifts to over 200 people. Maybe compassion is on the decline because America has gone away from God. It has nothing to do with a police state. It has to do with belief in The Lord and what he has given to us.
I'm with you. Watching how they slammed his face/head into the sidewalk, then kneeling on his head, got on his back, suffocated him just broke my heart.
No compassion for the man at all. Even when they realized what they had done, no CPR?
No compassion for the man at all. Even when they realized what they had done, no CPR?
Yes, the man is dead and you're bringing out the golden rule? "Do unto others as you would have them do unto you"? Do you really think he has no responsibility at all in this? He shouldn't "do unto others"? The police were called because he was taking business from the local store, not because the police were harassing him.
You might want to rethink your idea of "decadent" society and look at a responsible society.. that's those those that will take responsibility for what they do, rather than shoving it off on someone else...
The decline of the empire is when people expect everything from the government and nothing from themselves... when people are not responsible for their actions and the government handles all the affairs... looks like you will enjoy the police state a whole lot more than the rest of us.
You might want to rethink your idea of "decadent" society and look at a responsible society.. that's those those that will take responsibility for what they do, rather than shoving it off on someone else...
The decline of the empire is when people expect everything from the government and nothing from themselves... when people are not responsible for their actions and the government handles all the affairs... looks like you will enjoy the police state a whole lot more than the rest of us.
The man is dead, because he sold single cigarettes !!! What ever happened to the golden rule ? Where is your compassion ?
The idea of a man with 6 kids selling single cigarettes on the street is sad enough but then to be tasered because of it ?
I'm not going to say anymore other than I think it's a sad sign of a decadent uncaring society that so few of you feel any compassion for this guy. I guess this is what happens during the decline of the empire.
Enjoy your police state.
The idea of a man with 6 kids selling single cigarettes on the street is sad enough but then to be tasered because of it ?
I'm not going to say anymore other than I think it's a sad sign of a decadent uncaring society that so few of you feel any compassion for this guy. I guess this is what happens during the decline of the empire.
Enjoy your police state.
"Garner is a victim.... "
Yep a victim of his own behavior
"that people were innocent until proven guilty."
He was only under arrest at that point, he would have had his day in court to find him innocent or guilty.
Yep a victim of his own behavior
"that people were innocent until proven guilty."
He was only under arrest at that point, he would have had his day in court to find him innocent or guilty.
Garner is a victim....
Not everyone is a victim but we used to say that people were innocent until proven guilty. What happened to that ?
You betcha!
Some folks really are.
Some folks really are.
"....Garner had been convicted 11 times for the same crime..."
I read an article yesterday on "profiling" but I can't find the link. It basically said that anyone's prior arrests/convictions cannot be used against them. If that's true, quit keeping records of it them. It'll save the police departments and the justice department across the country millions of dollars.
Personally, I think its ridiculous. The guy had been arrested 11 times for the same crime, and further more, he resisted. If I remember right, he said something along the lines of "it all ends here today", in reference to being harassed. (By harassed I believe he meant "arrested" for the same thing, again, for the 12th time....) He easily could have avoided this by not committing the same illegal offense for the 12th time.
Some folks are hard learners.
I read an article yesterday on "profiling" but I can't find the link. It basically said that anyone's prior arrests/convictions cannot be used against them. If that's true, quit keeping records of it them. It'll save the police departments and the justice department across the country millions of dollars.
Personally, I think its ridiculous. The guy had been arrested 11 times for the same crime, and further more, he resisted. If I remember right, he said something along the lines of "it all ends here today", in reference to being harassed. (By harassed I believe he meant "arrested" for the same thing, again, for the 12th time....) He easily could have avoided this by not committing the same illegal offense for the 12th time.
Some folks are hard learners.
Stop and frisk ended in aug 2013, Garner had been convicted 11 times for the same crime he was being approached for, the store owner of the store that he was selling loosies in front of is the one who called police because it cuts in to his business and then he resisted arrest, not sure how you get harassment or profiling out of that situation
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