Crime: Pantaleo Trial In Death Of Eric Garner On Hold, Witness Says Records Exaggerated Crime - - PressFrom - US

CrimePantaleo Trial In Death Of Eric Garner On Hold, Witness Says Records Exaggerated Crime

21:40  22 may  2019
21:40  22 may  2019 Source:

Disciplinary Trial Today For Officer In Eric Garner’s Death, ‘I Can’t Breathe’ Case

Disciplinary Trial Today For Officer In Eric Garner’s Death, ‘I Can’t Breathe’ Case It's been nearly five years since Eric Garner's death, and now a long awaited disciplinary trial will begin to learn whether Officer Daniel Pantaleo will keep his position with the NYPD for his involvement. Pantaleo is being prosecuted by the civilian complaint review board, reports CBS2’s Jenna DeAngelis. A widely-seen video shows some of the final moments of Garner’s life and has become the centerpiece in the case against New York City police officer. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

Pantaleo Trial In Death Of Eric Garner On Hold, Witness Says Records Exaggerated Crime© Provided by CBS Local, a division of CBS Radio Inc

NEW YORK (CBSNewYork/AP) – The departmental trial of the officer accused in the death of Eric Garner has entered a two-week delay since the defense wants to call an expert medical witness who’s currently unavailable.

On Tuesday, another defense witness testified in the trial of Daniel Pantaleo, accused in Garner’s 2014 choking death.

Officer Justin D’Amico said he wrote paperwork exaggerating the seriousness of Garner’s crimes.

D’Amico said that after riding in an ambulance with the dying Garner, he filled out arrest papers listing a felony tax charge that would have required prosecutors to prove Garner, a small-time street hustler, had sold 10,000 untaxed cigarettes. Gardner only had about 100 cigarettes on him.

Officer in 'I can't breathe' death is scapegoat, lawyer says

Officer in 'I can't breathe' death is scapegoat, lawyer says A defense lawyer says the New York City police officer accused of using a banned chokehold in the July 2014 death of Eric Garner is being made a scapegoat in a politically charged atmosphere. Officer Daniel Pantaleo's disciplinary hearing was held Monday. Garner was the unarmed black man whose pleas of "I can't breathe" became a rallying cry against police brutality. Garner's mother and sister left the hearing room in tears as video was played of the arrest that led to his death. The video was played as the man who took it, Ramsey Orta, testified from prison, where he is serving time for drug and weapon charges.

D’Amico was questioned about the posthumous arrest papers while testifying at the disciplinary trial of Officer Daniel Pantaleo, a one-time partner accused of restraining Garner with a banned chokehold as they tried to arrest him for selling loose, untaxed cigarettes on Staten Island in July 2014.

“You initiated this on your own, writing up the arrest of a dead man?” asked Suzanne O’Hare, a lawyer for the police watchdog agency bringing the disciplinary case against Pantaleo.

D’Amico acknowledged that the felony charge was incorrect because Garner actually had with him five packs of Newports that contained a total of less than 100 cigarettes. The cigarettes were marked for sale in Virginia, a sign they were being resold illegally in New York.

Protestors disrupt rush hour as cop in Eric Garner death faces disciplinary trial

Protestors disrupt rush hour as cop in Eric Garner death faces disciplinary trial NEW YORK (1010 WINS) -- It's been five years since the death of Eric Garner on Staten Island. Monday began a disciplinary trial for Officer Daniel Pantaleo put Garner in an apparent chokehold when he resisted arrest for selling loose cigarettes. RELATED: Judge rules disciplinary trial of cop in Eric Garner chokehold death can proceed Lawyer for cop in Eric Garner case: Police watchdog has no jurisdiction in chokehold trial NYPD: Records not precise on who trained Eric Garner officer Pantaleo's lawyer Stuart London said it's a misconception that Garner complained while the officer's hands were around his neck. He said that happened while they were trying to handcuff him.

Garner was ultimately posthumously charged with two misdemeanors, which alleged he resisted arrest and sold untaxed cigarettes. The case was not prosecuted because Garner is dead.

D’Amico’s testimony was often revealing, giving the never-before-heard perspective of the one officer who had been with Pantaleo throughout the confrontation. Pantaleo, 33, denies wrongdoing. He has been on desk duty since Garner’s death.

Speaking for more than an hour in a nearly full hearing room at police headquarters, D’Amico recounted how he’d given an agitated Garner a warning two weeks earlier, instead of arresting him, for selling loose cigarettes because he felt that approach was “the right thing to do.”

Pantaleo Trial In Death Of Eric Garner On Hold, Witness Says Records Exaggerated Crime© AP NEW YORK, NEW YORK - MAY 21: Protesters gather outside of Police Headquarters in Manhattan to protest during the police disciplinary hearing for Officer Daniel Pantaleo, who was accused of recklessly using a chokehold that led to Garner’s death during an arrest in July 2014 on May 21, 2019 in New York City. Last week text messages between police officers revealed a response from Police Lt. Christopher Bannon stating that Garner’s death was “Not a big deal.” (Photo by Spencer Platt/Getty Images) Once Pantaleo grabbed Garner and pulled him to the ground, D’Amico said he just assumed that Garner was faking unresponsiveness — “playing possum” — to get out of being arrested. An officer who arrived as Garner was being restrained testified that he had the same thought.

Departmental Trial Of Daniel Pantaleo Continues

Departmental Trial Of Daniel Pantaleo Continues NEW YORK (WCBS 880) -- Tuesday is day two of the NYPD departmental trial of Daniel Pantaleo, the cop accused of killing Eric Garner with a controversial chokehold nearly five years ago. 

Garner’s dying pleas of “I can’t breathe,” captured on a bystander’s cellphone video, became a rallying cry against police brutality targeting black people.

D’Amico testified he saw Pantaleo’s arm around Garner’s neck as the two men struggled — but he didn’t say if he thought the move was a chokehold.

At one point in his testimony, D’Amico said he recalled Pantaleo’s arm being around Garner’s “upper body.” That description prompted Garner’s widow, Esaw, to mutter: “Oh, come on.”

D’Amico, then in charge of combating graffiti and quality of life issues in a neighborhood near the Staten Island Ferry terminal, said he was paired with Pantaleo to watch for loose cigarette sales when he saw Garner completing such a transaction.

D’Amico, who hasn’t faced disciplinary action, testified that he and Pantaleo didn’t rush to arrest Garner because they were “trying to avoid a physical fight.” They stayed calm as Garner screamed for around 10 minutes about feeling targeted by police and swatted D’Amico’s hands away while refusing to be arrested, D’Amico said.

Top NYPD trainer testifies Officer Daniel Pantaleo used banned chokehold in Eric Garner death

Top NYPD trainer testifies Officer Daniel Pantaleo used banned chokehold in Eric Garner death A top NYPD instructor testified Tuesday that Officer Daniel Pantaleo was never trained to use a seatbelt hold, contradicting claims by the cop’s lawyer during his departmental trial for the death of Eric Garner. Inspector Richard Dee, the head of training at the NYPD Police Academy, said Pantaleo was repeatedly instructed not to use the chokehold that led to Garner’s death as he was arrested on Staten Island on July 17, 2014. Pantaleo’s lawyer Stuart London on Monday said Pantaleo used a“seatbelt” maneuver to take Garner down that was approved by the NYPD.

Pat Lynch, the president of the Police Benevolent Association officers’ union, said D’Amico and Pantaleo “utilized textbook de-escalation techniques to limit the use of force against a much larger and irate individual.”

“We are convinced that if the politics of the streets are removed from this process and the case is decided on a dispassionate hearing of the facts, that Police Officer Pantaleo will be exonerated,” he said.

The NYPD’s disciplinary process plays out like a trial in front of an administrative judge.

Normally the purpose is to determine whether an officer violated department rules, but that’s only if disciplinary charges are filed within 18 months of an incident.

Because Pantaleo’s case languished, the watchdog Civilian Complaint Review Board must show that his actions rose to the level of criminal conduct, even though he faces no criminal charges and is being tried in a department tribunal, not a criminal court.

The final decision on any punishment lies with the police commissioner. Penalties range from the loss of vacation days to firing.

The disciplinary hearing is scheduled to resume June 5.

Pantaleo’s lawyers say they will call a medical examiner from St. Louis, Missouri, to rebut the New York medical examiner’s finding that a chokehold set into motion “a lethal sequence of events” for Garner.

Garner’s mother, Gwen Carr, said she’s “tired of the disruptions.”

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

Read More

NYPD supervisor sent text message saying Eric Garner's death was 'not a big deal'.
The message was revealed during Officer Daniel Pantaleo's departmental trial over Garner's death in 2014.

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