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I have to admit, I'm surprised about this...being that the officer used an illegal choke hold which led to his death.
I'm not surprised. Anyone who thought about it should have known that in this kind of case officers are rarely charged, and even more rarely convicted.
And while I'm not saying he should be killed, the man told the cops him being arrested ends today and he wasn't having it and he started waving his hands. So the officers took him down. They used a bad procedure, (including pinning him with a knee) but I don't think they intended him to die.
I have to admit, I'm surprised about this...being that the officer used an illegal choke hold which led to his death.
I'm not surprised. The chokehold wasn't illegal per se, but rather went against General NYPD policy (note, it's not even banned under all circumstances under NYPD policy). That's a big difference. The way the chokehold is relevant to this case is on the question of whether it represented excessive force. Given the video showing Garner resisting arrest, however, I think the grand jury was well within reason to conclude that no probable cause existed to issue an indictment. This is especially true given Garner's size.
NYPD policy could hypothetically ban police officers from chasing heavyset criminals through the streets. If a PO did so anyway, and a criminal passed away as a result via heart attack brought on from the chase, that wouldn't hold much weight with a grand jury as a legal matter.
Last edited by prospectheightsresident; 12-03-2014 at 12:54 PM..
Ok..makes sense. The bottom line is, if you are being stopped by the police and they tell you to get down on the ground, do it...don't resist.
Yes that's the moral of the story. Don't resist arrest or test an officers authority. ...most won't tolerate it. Even at a routine traffic stop...hands on wheel and yes sir.
If the coroner rules the death a homicide, said homicide is on video, and nobody gets indicted, who killed him?
The police officer killed him via the medical examiners report. But that isn't necessarily helpful as not every homicide is illegal. Homicides via way of legal self defense are nonactionable, as are state sanctioned executions and certain actions by police officers under use of force laws.
There better not be any rioting tonight. We are not Ferguson; we have many historical buildings to protect.
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