The cop did not get indicted.
First, let me reiterate my stance on Ferguson. I totally agree with the no indictment, that cop was doing his job and defending himself. No way that was racially motivated. No offense to the michael brown family but he was a worthless piece of shit. End of story.
Todays decision NOT to indict the staten island cop !!! I am Shocked. He most certainly should of been indicted. I do not think race played a part, i just think the cop watched too many UFC matches and probably took some half assed martial arts classes a d was dying to see if a choke hold could put someone to sleep. So the guy dies even after saying he couldnt breath. That was negligent homicide in my opinion and i am actually bothered by that grand jury decision.

My problem with this case is the way the media handled it. I wasn't there, I don't know what happened. All I know is, cops kill White guys now and again, too. And you can't tell me that it would have been met with nearly as much mock outrage from the media if the victim was White.

And I realize that's neither here nor there, as far as Eric Garner goes. But the media is just so culpable in fanning the flames in these cases that it makes me wish that these news anchors here in New York would be put out of their Upper West Side apartments and forced to live in Brownsville for a week or two.

You had to see them by Rockefeller Center earlier (I wasn't there, I'm a little sick anyway, but I was watching on television). They kept going on and on and on about how it wouldn't be surprising if people showed up to protest because tonight was the night they light the tree. They were literally taking it upon themselves to invite a protest down there. Peaceful or not, the media should NOT have any say in where and when people are going to protest. They make me sick to my stomach.

I see this case as a LOT different than what happened in Missouri. I felt bad for Garner.... I don't think he was doing anything wrong and I think the cop who put the choke hold on him over-reacted. Really tough call on whether or not the cop should have been indicted.

What is striking to me about this no bill is that Charles Krauthammer on Brett Baier's Special Report this evening stated that he was shocked at the no bill. When Krauthammer apparently sides with the victim against law enforcement it's time to check if hell has frozen over.

He's a brilliant guy, though. He's as far to the right as Rachael Maddow is to the left. But I wouldn't want to debate either one of them. They're too smart for their own good, but they usually eat up and spit out the opposition in their respective television spots.

All the guy was doing was selling loose cigarettes on the street. That cop choked him out and wouldn't let go. Honestly at the least i thought this cop should of been indicted for excessive force. The victim wasn't resisting as far as i know.

I think he was being defensive while putting cuffs on him, but honestly I would think most would do that. Innocent or guilty. He did start complying with the officer soon after the choke hold was on him, but officer wouldn't stop even after Garner told him he couldn't breath.

It should have been a routine arrest. Garner resisted arrest and the cop used a choke hold. Both men made pretty bad decisions if you ask me.
Now you have to ask yourself was the officer justified in using the force to subdue Garner. From my understanding it is NOT ILLEGAL to use the choke hold. That's why I think after the jury thought this over they decided not to indict the cop.

And that's also a very valid point. A grand jury in the most liberal city in the United States delivered a no true bill. It couldn't have been an easy decision either way.

Actually the police department banned the maneuver back in '93. So, the choke hold was illegal.

' An autopsy by the city’s medical examiner found that Mr. Garner’s death was a homicide resulting from the chokehold — a maneuver banned by the Police Department in 1993 — and the compression of his chest by police officers.'

http://www.nytimes.com/2014/12/04/nyregi...arner.html?_r=0

By no means do i endorse those that fan the flames of racism. As i said, i strongly supported the officer in Ferguson and applauded the courage of the grand jury.
However, i truly think the grand jury in Staten Island got it totally wrong. Because the video is so overwhelming in my opinion, this was a travesty and i really feel for the guy ( Gardner). There was no reason for that cop not to lighten up on that choke hold when Gardner clearly couldnt breath. If i was in a choke hold and couldnt breath, i would be fighting for my life.
The choke hold wasnt illegal, it was against policy. It was illegal to continue to choke him while he was clearly helpless. That could of easily been any one of us who was in that choke hold.
Ive taken some beatings by cops and looking back, i deserved it, this guy did not.

And that's why I said it was a tough call. Strict interpretation of a legality. Just the same, the victim, Garner, was surrounded and outnumbered by cops and it was clear he had no weapon. To me, it was also clear he was in anguish about not being able to breathe. The cop was just plain wrong with his use of excessive force.

I don't see it as a tough call when the boy said more than once "I cant breathe", what do you want, its obvious that it was a petty crime, and a man is dead. how can that be a tough call? did you see the video? as a poster said. choke holds have been banned since "93' it was to me an easy call. he should have been indicted, the evidence is the video,

I worry that when someone says this is an easy call it is a sign of a pre-determined agenda. No matter, the police have to have some leeway in every confrontation. They have to protect themselves and oftentimes it comes down to a matter of interpretation as to the degree of the cop's use of force.

ok, granted, but the video is very damaging to the police.

that' all I meant, people see that and hear him say ' I can't breathe" and man you can see trouble.

No argument from me on that. I heard that the first time I saw and listened to the tape. Garner saying (almost pleading) that he couldn't breathe was REAL. He wasn't faking that.

I feel very badly for the Garner family. Such a petty crime to have to die for. This is something you may be interested in reading.

In an interview with the AmNews, the freshman lawmaker said one measure will ban chokehold altogether. Although the take-down maneuver is prohibited by NYPD departmental policy, officers still use it. There’s no law that makes it illegal.

“The bill would make it clear that chokehold will only be used depending on the situation the officers are in,” the lawmaker said.

Under another bill, city District Attorneys will prosecute cases of negligence assaults for inappropriate use of force. He said the prosecution will prove whether an officer is justified in using the force to subdue someone.

The lawmaker told the AmNews that the move to make chokeholds illegal, stems from the July 17 chokehold death of Staten Island man Eric Garner. He was placed in the prohibited police tactic by NYPD officer Daniel Pantaleo. Relatives, activists and some council members argued that the use of force was unnecessary.

Garner, 43, was approached for allegedly selling untaxed cigarettes on Staten Island. After being placed in a chokehold and taken to the ground, Garner could be heard repeatedly saying to the officers, “I can’t breathe.” Weeks later, the city medical examiner’s office ruled Garner’s death a homicide as a result of the chokehold. They said his health conditions, obesity and high blood pressure were also contributing factors to his death.

A Staten Island grand jury began hearing evidence to determine if there will be criminal charges. Pantaleo and the other officers were not arrested and charged. Last month, Garner’s family filed a $75 million lawsuit against the city.

The possibility of getting the bills passed and approved depends in large part with the support of the Police Commissioner William Bratton. At a City Council oversight hearing in September, Bratton made it clear that he would not support a law that calls to ban chokeholds, when asked by Lancman.

“I won’t support It,”said Bratton at the time. “I feel that department policies are sufficient, that if lawmakers want to try to make that against the law, well, good luck, but I will not support it.”

After being arrested over 30 times maybe The criminal felt this was goig to be his last stance and that is why he resisted this arrest and certainly found out he was not physically fit to do so.

Maybe he should have remained home if he was not feeling well rather than go out and take on the law.

Whenever I had a run in with Law Inforcement, I followed direction, shown & earned respect and did not cause threat which would insure a smooth process leading to release.

These guys are bums, losers. Who in their right mind would stand up for them other than people who can line their pockets or get social gain in uneducated circles, that will leed to lining their pockets.

DP

DP, your statements are ridiculous. The guy was selling cigarettes., give me a break. I guess if he was drinking a beer in public that would warrant getting choked to death. That cop is a bully in my book and didnt know how to handle himself in that kind of situation.
We can debate this forever but lets look at the facts.
1) it was a petty crime. The cops knew this wasnt a violent situation.
2) there were a bunch of cops and only ONE victim ( Gardner).
3) he was clearly subdued, and out numbered.
4) he clearly stated he could'nt breath while he was being choked.
5) the cop kept on choking him despite hearing him say he couldnt breath and despite knowing he was restrained. The cop could of easily loosened up his grip but he CHOSE NOT TO.
The video is as clear as day and i have a huge problem as an american, watching that poor guy get choked to death. This was wrong, no doubt about it and as i said, i cannot fathom how a grand jury didnt indict this guy.

Hey two guys doing their jobs, ones a criminal the other a cop, they both know some days are easy some days are hard but no one wants the other guy to take a heart attack and die.

I'm sure the guy just wanted to sell his smokes and the cop just wanted to keep order.

DP

I too feel that this case differs from the one in Ferguson. In my mind there was enough evidence to suggest Brown attacked Darren Wilson and tried to take away his weapon, which is why Wilson was justified in shooting him.

In this case, although Eric Garner, was doing something technically illegal, the cop did not have to do what he did. Subdue him if he was resisting arrest, but as Binnie said when he said 'I can't breathe' that shocked me. It just hit a lot closer to home with the panic you could hear in his voice.

That regardless again we must respect the grand jury's decision. I don't have sympathy for those looters in Ferguson, but I do feel for whoever cared about Garner. He certainly did not deserve to die

great post Belmont. you laid it out like a defense attorney,
point by point, everybody should read this post.

how anyone can question this post is beyond me.

Michael brown got what he had coming to him. This guy that got choked tho.. wow. What a load of shit. Cops are gonna end up turning the masses against them in a big way

The real criminals are the dirt bags who taxed cigs to the point that they run 12 bucks a pack. They're just begging for a huge black market. The cops need to choke some of these politician crooks

Agreed. Selling cigarettes, and resisting arrest are NOT death penalty crimes.And I thought choke holds were against NYPD's own rules.

I think the leaders of any march here in NYC will be smart enough to extort a million from NBC not to march when they light up the tree. Like some did during the Thanksgiving day parade.

If they dont do that they need a new leader they should call me.

On News groups suggesting that this would be a great time to protest.

Remember Ted Koppel he ran a story on how easy it would be for terrorists to let loose that white powder from a moving train. How it could kill a half a million people if they did that.I am no talking about Heroin either it would be crazy to waste heroin on something like that He did that story right after 9/11. Then that piece of shit ran it again.

What was the idea to give terrorists the idea to do it. Or he just wanted to scare New Yorkers out of taking the subway to work?

That's all he was doing? Poor people don't buy by the carton or by the pack if they had a chance to buy by the cig that is what they would do. They do that in poor countries. They are doing it in Greece.

I have no doubt there will be a time that they would also do it here every where.

So let me ask the question?

How many Minorities were on the jury?

I think it is worth getting into the hijacking cig truck business. But that would be federal who cares. You get someone to do it. They bring it to a safe house. Kill the guys that hijacked the truck. Hire someone to bring it to a third party to sell it all. Then when the guy come back with the money. Kill him and you made a lot of money and the trail ends with them.

In these days of mobile phones and cameras and such, police officers (from wherever) need to think about what they are doing a bit more. Every arrest and bit of conflict is going to be all over the internet in minutes, and after the Ferguson and this incident it is only going to get worse. Cops are going to be in a damned if they do, damned if they don't situation!!