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marmar

(77,056 posts)
Thu Jan 15, 2015, 09:57 AM Jan 2015

Why Eric Garner Couldn’t Breathe: The chokehold is only half the story of homicidal violence

from In These Times:


Why Eric Garner Couldn’t Breathe
The chokehold is only half the story of homicidal violence.

BY TERRY J. ALLEN




When New York City police arrested and subdued Eric Garner, he fit a profile: an uncooperative black man committing a petty crime. But the profile that police should have recognized—and the one that Garner fit perfectly—was of someone vulnerable to a dangerous combination of banned law enforcement practices used routinely across the country with impunity, and sometimes fatal results.

Contrary to conventional wisdom, it was not the chokehold alone that killed Garner. And it was not solely Officer Daniel Pantaleo who was responsible for the homicide of the unarmed 43-year-old African-American man arrested for a “quality-of-life” offense under “broken windows policing” that encourages arrest for even the most trivial crimes—in Garner’s case, selling “loosies,” unpackaged cigarettes, on a Staten Island street.

The video of his death, which went viral and sparked protests, shows Pantaleo’s arm tightened around Garner’s neck. It also shows a cluster of officers, including Pantaleo, kneeling on Garner’s back and pressing his face, mouth and nose to the pavement as he lay facedown, hands cuffed behind him, pleading— at least 11 times—“I can’t breathe.”

The Office of the City Medical Examiner ruled Garner’s death a homicide, citing both “compression of neck (chokehold) [and] compression of chest and prone positioning during physical restraint by police.” ...............(more)

The complete piece is at: http://inthesetimes.com/article/17518/why_eric_garner_couldnt_breathe



20 replies = new reply since forum marked as read
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Why Eric Garner Couldn’t Breathe: The chokehold is only half the story of homicidal violence (Original Post) marmar Jan 2015 OP
This is an excellent OP...gives many specific details on what they're trained to do and not Jefferson23 Jan 2015 #1
God I can't believe no one was indicted. Fucking assholes. Vattel Jan 2015 #2
I talked to a friend of mine about that. Savannahmann Jan 2015 #3
Excellent! That would have done the trick. Vattel Jan 2015 #4
A policy violation does not an indictment make, unfortunately. Oklahoma_Liberal Jan 2015 #5
Murder does though, he wasn't stopped by the cops for selling loosies either... he was stopped uponit7771 Jan 2015 #12
It isn't a prohibited hold because it's impolite. Savannahmann Jan 2015 #14
If it was universally prohibited you would have a stronger foundation. Oklahoma_Liberal Jan 2015 #17
The grand jury in this case was selected in Staten Island. yellerpup Jan 2015 #10
Spending ten months with the evidence is also the reason. Savannahmann Jan 2015 #15
I don't know how anyone could watch yellerpup Jan 2015 #16
If this incident represents the state of U.S. justice, we are in terrible trouble. nt ladjf Jan 2015 #6
Moral of the story - cops get away with murder. Rex Jan 2015 #7
We need bad guys with guns to protect us from the good guys with guns? Jackpine Radical Jan 2015 #11
We need good guys that care about their profession, to stop these pigs Rex Jan 2015 #19
K & R !!! WillyT Jan 2015 #8
Don't forget the Emergency Response Crew freebrew Jan 2015 #9
it's horrible. KMOD Jan 2015 #20
I never understood why it takes a lawyer 8 years to get a bonniebgood Jan 2015 #13
K&R pinboy3niner Jan 2015 #18

Jefferson23

(30,099 posts)
1. This is an excellent OP...gives many specific details on what they're trained to do and not
Thu Jan 15, 2015, 10:09 AM
Jan 2015

do....leaves us with why they use these methods regardless. I think one can reasonably
conclude why...no rocket science required.



 

Savannahmann

(3,891 posts)
3. I talked to a friend of mine about that.
Thu Jan 15, 2015, 10:16 AM
Jan 2015

I maintained I could have gotten an indictment in twenty minutes. Allow me to summarize.

"This is the Police Procedure manual. In it the technique known as a chokehold is prohibited. Officers are instructed never to use this hold. This is not a new rule, it's been around for a couple decades. This officer was trained to not use this hold. Here is the video."

Play the video twice. Then say. "Ladies and Gentlemen, I'm going to ask you for an indictment of Voluntary Manslaughter. This officer used a hold he knew to be prohibited and kept the pressure on despite Eric Gardner literally begging for his life. Now, when we have this out of the way I'll order Pizza's for everyone."

 

Vattel

(9,289 posts)
4. Excellent! That would have done the trick.
Thu Jan 15, 2015, 10:20 AM
Jan 2015

As you know, when the goal of the prosecutor is to avoid an indictment, there will rarely if ever be an indictment.

uponit7771

(90,304 posts)
12. Murder does though, he wasn't stopped by the cops for selling loosies either... he was stopped
Thu Jan 15, 2015, 11:06 AM
Jan 2015

... after breaking up a fight.. the loosies was an excuse

 

Savannahmann

(3,891 posts)
14. It isn't a prohibited hold because it's impolite.
Thu Jan 15, 2015, 11:29 AM
Jan 2015

It's not prohibited because it's considered especially painful, or just looks bad on the news. It's prohibited because it's a killing move. It's prohibited because the way it exercises control over the individual is at risk of life. Best case scenario, the person passes out and is unconscious while you handcuff them. That will happen, from time to time. Worst case and far too likely scenario it kills the person as surely as putting a bullet in their heads.

The reason the hold is prohibited is because the line between holding the person, knocking them out with blood starvation to the brain, and murdering them is so perilously thin.

That makes it an indictable offense. Manslaughter at the very least.

 

Oklahoma_Liberal

(69 posts)
17. If it was universally prohibited you would have a stronger foundation.
Thu Jan 15, 2015, 02:32 PM
Jan 2015

A neck restraint, even one applying pressure until unconscious, is within policy and practice at law enforcement agencies across the country. It just happens to be banned at NYPD.

Again, a policy violation does not an indictment make. I think the officers are guilty in the Garner case. I'm just saying this is a faulty point to use to make that case.

yellerpup

(12,253 posts)
10. The grand jury in this case was selected in Staten Island.
Thu Jan 15, 2015, 10:53 AM
Jan 2015

In any of the other boroughs, it should (and probably would have been) just as simple as presenting the evidence. Staten Island is home to cops and firemen and practically everyone there is either in one of these professions or related to someone who is. Local wisdom says this is why no indictment was returned.

 

Savannahmann

(3,891 posts)
15. Spending ten months with the evidence is also the reason.
Thu Jan 15, 2015, 11:31 AM
Jan 2015

When you have a simple case, it takes you a very short time to explain it. When you have a simple case, and you spend months explaining it, then there is one conclusion. You put the victim on trial. Eric Gardner was resisting, Eric Gardner was the bad guy. Eric Gardner is dead because he failed to follow the instructions of the police.

It's what they did in Ferguson, putting the dead man on trial. IT's what they do when a cop is accused of doing something wrong, they put the victim on trial.

The location helped, but that's all.

yellerpup

(12,253 posts)
16. I don't know how anyone could watch
Thu Jan 15, 2015, 02:26 PM
Jan 2015

the video (the one Eric's friend shot and got busted for, BTW) I saw and not indict. His niece shared it with me that day in its entirety and video clearly showed that he was not selling 'loosies' on the street, but merely challenged the police to show just cause for his harassment, resisted being manhandled, and kept repeating I can't breathe until he died. I'm not arguing with you; they do blame the victim.

 

Rex

(65,616 posts)
7. Moral of the story - cops get away with murder.
Thu Jan 15, 2015, 10:37 AM
Jan 2015

Then laugh about it at the office. The hold was meant to stop blood flow to the brain causing a person to go unconscious and if kept in that hold - death. Daniel Pantaleo is a murderer. I don't care what he does for the rest of his life - he killed a man for no apparent reason. Cold blooded murdering bastard...over a cigarette. A CIGARETTE.

Cops kill innocent people and get away with it. Seems like we need some kind of cops to protect us from the cops.

 

Rex

(65,616 posts)
19. We need good guys that care about their profession, to stop these pigs
Thu Jan 15, 2015, 03:21 PM
Jan 2015

from turning society on it's head.

freebrew

(1,917 posts)
9. Don't forget the Emergency Response Crew
Thu Jan 15, 2015, 10:50 AM
Jan 2015

that did absolutely nothing to save the man. No CPR, nothing.

They just stood around and let him die.

The entire group that participated and did nothing to interfere should be disciplined.

bonniebgood

(940 posts)
13. I never understood why it takes a lawyer 8 years to get a
Thu Jan 15, 2015, 11:10 AM
Jan 2015

law degree and it takes a cop 6 months. Our democratically elected official certainly aren't going to protect us. From the DOJ to the local Mayor. Republicans nor Democrats. NOBODY. Where is that thin line between 'stand your ground' when it comes to protecting yourself from danger? If you run you are shot in the back. If you surrender "Hands Up" you will be shot in the front. There is no LAW that going to render justice for you.

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