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I don't know what really happened, since I wasn't there, and videos can be misleading, but some sources are saying the officer did not use not a chokehold.
And it was a headlock, not a chokehold. To be a chokehold, there must be constant pressure on the person’s neck, compressing his windpipe or cutting off the flow of blood to the carotid artery, rendering him unconscious.
Just because he didn't take it to the level of unconsciousness doesn't mean it wasn't a chokehold. The Medical Examiner said he died from a compression of his neck.
I served on the Grand Jury in NY (Nassau County) back in 2007. It's been 7 years so I don't exactly remember everything, but I believe it had to be an option that the Prosecution and DA's office gave. Those on the Grand Jury couldn't simply make a lesser charge up unless told it was an option.
Different state. We had the freedom to add or change charges.
Has it said who took the video, I haven't read every post ..
Oddly enough, the guy that took the video WAS indicted. While the charges look strange, it looks like he was framed and had a gun planted on him, with no fingerprints, and it's a typical .25 caliber "drop" gun.
The Black female police sergeant who was in charge of the arrest is not shown in the countless TV replays in the media of cellphone footage that showed White male police officers confronting and taking down Garner but she is said to be seen in the original video (the Grand Jury saw).
Why haven’t we seen that unedited video in the countless media showings? Can you guess?
From a police report reported by PIX11 in July, the sergeant’s name is revealed to be Kizzy Adoni.
This was a homicide and should have gone to trial, there was enough for an indictment.
Please note - resisting arrest is a felony - and an assault and battery on the arresting officer.
Ergo, the officer is generally absolved of any criminal intent in the pursuance of his duty to make an arrest.
Without criminal intent, there can be no crime.
Do not believe me - go read law for yourself.
You will also find that fugitives from justice are outside the constitutional protections.
This is why Bounty Hunters have such sweeping authority.
Resisting arrest is very foolish.
[1] First you'd have to assume he was under arrest. What would he be under arrest for?
[2] Can you be arrested simply for suspicion?
[3]I believe manslaughter would be the correct charge.
[1] The officers were making an arrest for the unlawful sale of loose cigarettes - a heinous crime - enacted by the previous Mayor.
[2] Yes. But the officers in this case were not.
[3] Your belief is incorrect. Once the felony is committed (resisting arrest), the officer is generally absolved of any criminal intent in pursuit of his duty to make an arrest. Without criminal intent, there is no crime. At worst, it would be a civil case - if even that. Remember, a felon takes upon himself all consequences of his action.
He didn't get killed by a heart attack. You don't get to change the facts. He died from a compression of his neck. A heart attack does not equate to a homicide.
1. He wasn't told he was under arrest. No where in the video do you hear the cops tell him he is under arrest or to put his hands behind his back.
2. He wasn't doing anything against the law when this incident took place.
3. He died because a cop with multiple brutality complaints put him in a chokehold
Good lord, since it wasn't in the little video then it just can't be true right? How long do you think those cops stood and argued with this guy until they got fed up? You are seeing one little part of the exchange.
The underlying thought I have is this: if you're black, you're less likely to be injured, killed, or held for some indefinite amount of time for bogus charges by the hands of the police in some corrupt ass third-world country than you are in the land-o-free USA.
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