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No federal charges for New York policeman in 2014 'I can't breathe' death

HumblePi

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[h=1]No federal charges for New York policeman in 2014 'I can't breathe' death[/h]No federal charges for New York policeman in 2014 'I can't breathe' death - Reuters
NEW YORK/WASHINGTON (Reuters) - The New York police officer who put Eric Garner in a fatal chokehold during an attempted 2014 arrest, fueling the rise of the Black Lives Matter movement, will not face federal criminal charges, Brooklyn’s top federal prosecutor said on Tuesday.

Garner’s death on a sidewalk during an arrest for allegedly selling untaxed cigarettes, and his gasped final words “I can’t breathe” caught on bystander video, played a key role in the rise of the movement decrying excessive use of force by police officers against black men and teenagers in the United States.
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The killing of Eric Garner was five years ago, the statute of limitations on whether to bring charges against the NY police officer that put Eric Garner in an illegal choke hold suffocating him runs out tomorrow. The DOJ declined to prosecute but the Civil Division of the DOJ recommended prosecuting the police officer Daniel Pantaleo. Attorney General William Barr broke the stalemate by making the decision that the DOJ will not charge or prosecute Pantaleo.
 
Let us not forget that there was no physical damage to Garner resulting from a chokehold and that he died of a heart attack an hour later. His death was ultimately the result of obesity related health problems and there was never a good reason to criminally charge the officer.
 
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Let us not forget that this was not a chokehold and Garner died of a heart attack an hour later. His death was ultimately the result of obesity related health problems and there was never a good reason to criminally charge the officer.

Why did the ME call Garner’s death a homicide? Why were there questions of an “illegal chokehold?”

View attachment 67259993

NYPD Official Says Illegal Chokehold Killed Eric Garner

I read that Garner’s crime was selling individual un-taxed cigarettes. Punishment doesn’t seem to fit the crime....
 
Why did the ME call Garner’s death a homicide? Why were there questions of an “illegal chokehold?”

View attachment 67259993

NYPD Official Says Illegal Chokehold Killed Eric Garner

I read that Garner’s crime was selling individual un-taxed cigarettes. Punishment doesn’t seem to fit the crime....

If you weigh 395 pounds and as a result of your obesity you have asthma, hypertension, and a heart enlarged double the normal size then it’s best not put yourself in stressful situations like resisting arrest. Otherwise you too could wind up giving yourself a fatal heart attack.
 
If you weigh 395 pounds and as a result of your obesity you have asthma, hypertension, and a heart enlarged double the normal size then it’s best not put yourself in stressful situations like resisting arrest.

You answered neither question.
 
If you weigh 395 pounds and as a result of your obesity you have asthma, hypertension, and a heart enlarged double the normal size then it’s best not put yourself in stressful situations like resisting arrest.

I agree, you shouldn't put yourself in those situations if you're obese.

So did the ME lie when they said it was death by chokehold and not his obesity? And did Dee lie when he said the videos showed it was an illegal chokehold and not the seat belt maneuver?
 
Homicide is a catch all phrase and does not mean the death was criminal.


Understood:

Homicide is the act of one human killing another.[1] A homicide requires only a volitional act by another person that results in death, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm.[2] Homicides can be divided into many overlapping legal categories, including murder, manslaughter, justifiable homicide, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system. -from Wikipedia

Also from WP: Volition or will is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving and is one of the primary human psychological functions. Others include affect (feeling or emotion), motivation (goals and expectations), and cognition (thinking). Volitional processes can be applied consciously or they can be automatized as habits over time.
 
Let us not forget that there was no physical damage to Garner resulting from a chokehold and that he died of a heart attack an hour later. His death was ultimately the result of obesity related health problems and there was never a good reason to criminally charge the officer.

The video shows that Eric Garner was unresponsive when an ambulance took him away. Yes, a myocardial infarction was the official cause of death. Anoxia and chest compressions could very well contribute to cardiac arrest. As anyone can plainly see, this man was either dead or pretty near it when they put him on that stretcher. Someone in the crowd asked "is he breathing?" the copy looked and said "yeah". A person whose heart has stopped will lose consciousness and stop normal breathing, and their pulse and blood pressure will be absent. Unless resuscitative efforts are begun immediately, cardiac arrest leads to death within a few minutes. Sudden cardiac death can certainly be the result of suffocation.


Beyond the Chokehold: The Path to Eric Garner’s Death - The New York Times

[snip]Cellphone video gave the world an unobstructed view of the chokehold, which was found to be a cause of Mr. Garner’s death, along with the compression of his chest by officers who helped to handcuff him. For all the clarity the video seemed to provide, the focus on the chokehold left largely unexplored crucial events before, during and after the fatal confrontation.
 
Is there such a thing as legal homicide? Asking for a friend who hates Justin Bieber.

Yes is the short answer. I will let a better trained arm chair lawyer give the long answer or Google it if you want more info.

Is your friend Tom Cruise?
 
If you weigh 395 pounds and as a result of your obesity you have asthma, hypertension, and a heart enlarged double the normal size then it’s best not put yourself in stressful situations like resisting arrest. Otherwise you too could wind up giving yourself a fatal heart attack.

When you have a 250 lb copy with his arm around your neck in a chokehold and you aren't resisting, that's more likely the cause of death than his obesity. That chokehold is illegal in all contact sports and it's illegal for a cop too.
 
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The killing of Eric Garner was five years ago, the statute of limitations on whether to bring charges against the NY police officer that put Eric Garner in an illegal choke hold suffocating him runs out tomorrow. The DOJ declined to prosecute but the Civil Division of the DOJ recommended prosecuting the police officer Daniel Pantaleo. Attorney General William Barr broke the stalemate by making the decision that the DOJ will not charge or prosecute Pantaleo.


Good; and btw, Garner was not killed. He died because of "overeating", resulting in subsequent health problems.
 
Guy should’ve gave up, when will people learn, when you’re told to stop...please stop.
 
Let us not forget that there was no physical damage to Garner resulting from a chokehold and that he died of a heart attack an hour later. His death was ultimately the result of obesity related health problems and there was never a good reason to criminally charge the officer.

If that is true, then there was no murder.

Edit: He did NOT die of a heart attack. He was formally pronounced dead an hour later. That does not mean he died an hour later.
 
When you have a 250 lb copy with his arm around your neck in a chokehold and you aren't resisting, that's more likely the cause of death than his obesity. That chokehold is illegal in all contact sports and it's illegal for a cop too.

MMA disagrees. A rear naked choke is a choke hold. So is a guillotine choke. A triangle choke. Chokes aplenty.
 
I agree, you shouldn't put yourself in those situations if you're obese.

So did the ME lie when they said it was death by chokehold and not his obesity? And did Dee lie when he said the videos showed it was an illegal chokehold and not the seat belt maneuver?

The ME said that his poor health - resulting from his obesity - were contributing factors in his death. It was judged a homicide because the chokehold presumably induced his asthma and the stress of the situation may have induced the heart attack that killed him an hour later but he was only vulnerable to those things because of his poor health. The NYPD Chief Surgeon disagreed with the ME on the homicide finding precisely because of Garner’s obesity related conditions and because there was no damage to the trachea as a result of the chokehold. And indeed, there’s no way to know if he was having difficulty breathing because of the so-called chokehold or because of his heart.
 
The ME said that his poor health - resulting from his obesity - were contributing factors in his death. It was judged a homicide because the chokehold presumably induced his asthma and the stress of the situation may have induced the heart attack that killed him an hour later but he was only vulnerable to those things because of his poor health. The NYPD Chief Surgeon disagreed with the ME on the homicide finding precisely because of Garner’s obesity related conditions and because there was no damage to the trachea as a result of the chokehold. And indeed, there’s no way to know if he was having difficulty breathing because of the so-called chokehold or because of his heart.

The ME (Dr. Floriana Persechino) testified that Garner died as a result of the chokehold. Kleinman is a hematologist, not a trained medical examiner. Kleinman also didn't personally examine Garner. Did Kleinman actually testify?
 
The ME (Dr. Floriana Persechino) testified that Garner died as a result of the chokehold. Kleinman is a hematologist, not a trained medical examiner. Kleinman also didn't personally examine Garner. Did Kleinman actually testify?

Let’s not forget the ME’s details though regarding his obesity related health conditions. Or that his daughter died exactly the same way at the age of 27 sans chokehold. I don’t think it’s unreasonable for the ME to have concluded that the stress of the situation triggered Garner’s poor health in a chain of events that resulted in his death and therefore ruled it a homicide. However, Garner is ultimately responsible for his own state of health and for creating that situation by resisting arrest.
 
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