*ERIC GARNER – Died following an altercation with NYPD officers in Staten Island on July 17, 2014 who approached Garner for allegedly selling loose cigarettes. One of the plainclothes officers instructed Garner, 43, to leave the scene, which he refused. At this time, the officers attempted to place Garner under arrest and the 6’3″, 340-pound man would not comply with their orders and to be handcuffed. Police Officer Daniel Pantaleo then approached Garner from behind and was also unsuccessful in handcuffing him. Pantaleo then grabbed Garner in a reverse headlock (arguably not the same self defense maneuver as a chokehold since the pressure is placed under the suspect’s chin to get him off balance, not on his throat).
Garner was finally taken to the ground after nearly going through a plate glass window with the officers wrestling with him. Pantaleo released the hold after approximately 15 seconds and a total of five officers were finally able to restrain Garner and get him handcuffed.
Garner did state numerous times while Pantaleo held his head to the ground that he could not breathe, but this was well after the alleged chokehold was released and it would seem that if someone had the ability to speak, they therefore can breathe, as well. A number of officers, including a sergeant, were on the scene by then and he was not administered CPR by any of them because they stated that he was still breathing although he had appeared to lose consciousness during the struggle. Garner was placed on his side once he was handcuffed.
Paramedics then arrived and the two EMTs decide not to perform CPR on Garner, either. He was eventually placed in an ambulance by a number of officers and the EMTs due to his large frame and weight and according to reports, died en route to the hospital while being transported, meaning that Garner was alive and breathing on the scene and when placed into the ambulance. His actual time of death was not recorded until an hour later at the hospital.
An autopsy showed that Garner died from “compression of neck, compression of chest and probe positioning during physical restraint by police,” and ruled a homicide. What that means in layman’s terms is that a death is caused by intentional action and not necessarily done to cause death upon that person. The officers intended to use the necessary force to effect the arrest of Garner; that is not disputed. But they did not intend to kill him, only place him in custody.
The medical examiner also noted that there were “contributing conditions” to Garner’s death, mainly “acute and chronic bronchial asthma, obesity and hypertensive cardiovascular disease.” Garner had quit a prior job with the NYC Parks and Recreation Department due to health reasons.
The case was presented to a grand jury, who decided not to indict Pantaleo. But he is still facing federal civil rights violation charges with the investigation still underway, as well as departmental charges filed against not only Pantaleo, but other officers on the scene, as well. The EMTs were also disciplined by their respective department.
POLICE POINT OF VIEW
This is another case that was entirely avoidable and a prime example of how a perpetrator can escalate a situation that would have resulted in no arrest to something tragic in nature. The two plainclothes officers were sent to the location by their supervisor because people selling loose cigarettes thereat was deemed a “precinct condition.” Is it a felony to do so? Of course not, but then the other side of the argument his that people complain the cops do not do anything even when the situation is spelled out for them.
Residents or the nearby buildings were the complainants informing the police that they did not want people – including Garner, who was known by the neighbors and police alike for being a chronic violator of this – loitering in front of their residence and attracting more people purchasing the loose cigarettes. So the cops once again were merely doing their job and were willing to let Garner off with a warning before he refused their lawful order.
When you are trying to arrest someone much larger than yourself – even when there is more than one officer on the scene – it can be a daunting task, indeed. You basically do whatever you have to do to get that person handcuffed. But it appeared that once the threat was not over or even under control, for that matter, Pantaleo released the hold and because of where he was situated, used the necessary force to control Garner’s head while his partners placed handcuffs on him.
What is puzzling is that throughout all the attention this case received, the paramedics were barely mentioned, if at all.
Garner – black, Pantaleo – white
@realDonaldTrump Retired NYPD turned sportswriter here reaching out to #NFL players protesting for a fact-based discussion:https://t.co/6SrWzUZ6yS
— Joe Pietaro (@MuscleSportMag) August 13, 2018
