No indictment in NYPD chokehold death

[king]

https://www.google.com/url?sa=t&source=web&rct=j&ei=QnV_VIXMConmoASD64DQCA&url=http://abcnews.go.com/US/nypd-officer-indicted-eric-garner-choke-hold-death/story%3Fid%3D27341079&ved=0CCAQqQIwAA&usg=AFQjCNEac9LDX_LjEYyrjzFFwrsUiMzMhA&sig2=fz0Q_2kxCfYA4cdv5HWpGw

[king]

TVC? Thoughts?

[Mr. Buddy Garrity]

Very interesting. 

[tvc184]

 

TVC? Thoughts?

 

I know that it wasn't murder. I am shocked that in NY, especially after Ferguson that they didn't at least come out with negligent homicide.

 

I kind of figured there might be no indictment however one would not have shocked me. 

 

I think no criminal charges as no intent to kill. There is reckless forms of homicide but if the officer was running a red light and kills someone it might be more appropriate. The difference is that this very large guy was resisting. 

 

Officers need to stop that resisting as quick as possible or something like this below will happen. These officers were lucky that the guy wasn't armed or got a hold of one of them or they might have been in real trouble. I think it shows a couple of Taser hits that doesn't take him down.

 

So one officer used a choke hold which is a taught maneuver or was taught as a legitimate use of force. If done correctly it should not cause any injuries other than maybe a bruise. My main question would be, could they show exactly what killed him? Was it the officer with the lateral vascular neck restraint (fancy name for a choke hold) or the other officers on him or was he having severe breathing difficulties due to his weight and the intensity of the struggle? 

 

Here is what happens when you try to baby them. These officers might not have been hurt but they could have been killed. 

 

 

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

 

[tvc184]

 ... and the way to stop all of this nonsense? Simply comply when the police tell you to stop or surrender when you are told that you are under arrest. Every single one of these incidents comes from one reason, a person resisting an arrest that he has no lawful right or authority to resist. Going just by TX Penal Code, this is a quote of what it says under the crime of Resisting Arrest..... "It is no defense to prosecution under this section that the arrest or search was unlawful".

 

To put it plainly, you have no legal option other than to submit to an officer's authority even if you don't agree with him.

[77]

" I fought the law and the law won"

[tvc184]

Looking at what the autopsy report, it said that Garner died from compression of the neck and of the chest and of his positioning on the ground. That is called positional asphyxiation. A person can die from just being in certain positions and the heavier you are, the more likely it happens and positional asphyxia is in the autopsy report. 

 

So if the autopsy shows that Garner's position and his chest being compressed by the weight of all the cops added to the cause of death, how do you indict the one cop that was in front of the grand jury? 

[77]

In the tape the guy said he couldnt breath so the cop should have loosened his hold!

[tvc184]

In the tape the guy said he couldnt breath so the cop should have loosened his hold!

 

How do you know that he didn't? 

 

What if he did and it was the guy's position that caused the positional asphyxiation that was the primary cause of death?

 

The problem with all of these cases is wanting to convict or clear with almost no information. It is like in the Zimmerman trial, I saw claims on various forums and I think this one also, that said if the bullet traveled up into his torso then it was a self defense case but if the bullet went down toward his waist them it proved homicide. That is nonsense because the bullet could have gone either way in either self defense or murder. 

 

I see no problem with questioning and asking... Did he? ....Did they? .... What was?.... How did? .... etc.

 

When you come out and say something like, "He should have loosened his hold!"..... you are drawing a conclusion by guessing. 

[Baba Ganoush]

If you can't breathe, you can't speak. So cops let up, dude yells sike (old school) and CONTINUES to resist...situation escalates. Or...or...or don't be an overweight, cop fighting d-bag. But that's just my opinion. And like tvc stated, which cop "caused" the death? Autopsy didn't say choke hold killed him.

[tvc184]

More of the autopsy released. Cause of death aggravated by weight, asthma and the struggle itself.

Just like with most claimed Taser deaths, it is not the Taser but the strain that a person cannot handle due to a physical condition. 

 

Now, who or what exactly killed him?

 

If we are going to lay blame, why not on the guy illegally resisting arrest? 

[Big girl]

How do you know that he didn't?

What if he did and it was the guy's position that caused the positional asphyxiation that was the primary cause of death?

The problem with all of these cases is wanting to convict or clear with almost no information. It is like in the Zimmerman trial, I saw claims on various forums and I think this one also, that said if the bullet traveled up into his torso then it was a self defense case but if the bullet went down toward his waist them it proved homicide. That is nonsense because the bullet could have gone either way in either self defense or murder.

I see no problem with questioning and asking... Did he? ....Did they? .... What was?.... How did? .... etc.

When you come out and say something like, "He should have loosened his hold!"..... you are drawing a conclusion by guessing.

because the dude died.

[CraigS]

because the dude died.

So while committing a felony you get shot / beaten and you die, that somehow forgives the crime and fault shifts to the protectors....hummm - I'll get back with you, when this makes sense,

[5GallonBucket]

its easy big girl....follow the law.  HE DIED CAUSE HE DIDN"T FOLLOW THE LAW.

 

law and order without it you have chaos.....common sense

[5GallonBucket]

she supports criminals....sounds familiar

[PAMFAM10]

We can say this or that but he wouldn't be dead if not for the cop or cops. breaking the law is not cool but to be choked and handle like that for selling cigarettes. Seems a bit much imo. I'm not ssaying he should have been charged but let's not sugar code it. He or all of them killed the guy.

[SKINS]

I keep reading signs and heating people say they fear for their lives. Why? You planning on breaking the law?

[Mr. Buddy Garrity]

I keep reading signs and heating people say they fear for their lives. Why? You planning on breaking the law?

Or maybe they afraid someone else will break the law. ;)

[westend1]

We can say this or that but he wouldn't be dead if not for the cop or cops. breaking the law is not cool but to be choked and handle like that for selling cigarettes. Seems a bit much imo. I'm not ssaying he should have been charged but let's not sugar code it. He or all of them killed the guy.

The guy didn't get choked for selling cigarettes.   

[bullets13]

We can say this or that but he wouldn't be dead if not for the cop or cops. breaking the law is not cool but to be choked and handle like that for selling cigarettes. Seems a bit much imo. I'm not ssaying he should have been charged but let's not sugar code it. He or all of them killed the guy.

He was choked out because he was resisting arrest. The original crime is irrelevant when you have a 300 lb man fighting with police. The same holds true with Michael Brown. You can't make the argument that he got shot for "robbing a convenience store."

[Big girl]

He did not resist arrest. Do you guys know that the entire incident was filmed, by someone using their cell phone, from start to finish. That is why people are so upset.

[Big girl]

Try looking at the video before making a decision.

[PAMFAM10]

Resisting arrest should end with death?

[bullets13]

just watched the video. A) he DID resist arrest. B ) the chokehold lasted for less than 10 seconds. No doubt the cops used a lot of force on him, but he was a HUGE guy, and had he simply put his hands behind his back it would not have happened the way it did. Perhaps his 30 previous arrests (including for resisting arrest) led them to quickly take him down instead of being patient with him.

[bullets13]

Resisting arrest should end with death?

hate it for you if it happens. don't give the police a reason to use force against you and it won't. when you have a guy that size refusing to comply, there's no telling what might happen when several officers are needed to subdue him. your attitude that resisting arrest is some sort of right or something that folks should have without threat of repercussion is one of the problems in the debates about both this guy and Michael Brown. the thought that common criminals should be able to ignore police commands in this case, or attack an officer in the other case, and not face any repercussions or have any accountability for the result is prevalent, which is sad.