US: Officer says he inflated charge against chokehold victim - - PressFrom - US
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USOfficer says he inflated charge against chokehold victim

00:05  22 may  2019
00:05  22 may  2019 Source:   msn.com

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.

No charges in police chokehold case Jump to media player A grand jury in New York has declined to press criminal charges against a white police officer over the death of an unarmed black man he put into a chokehold - a practice banned by the New York police department.

Lawyer ‘astonished’ as New York police officer will not face charges over death of Eric Garner in chokehold that was caught on camera. More than four months after an unarmed black man died in a chokehold during an arrest by a New York police officer , the criminal case against the officers

Officer says he inflated charge against chokehold victim© 2019 Pacific Press MIDTOWN MANHATTAN, NEW YORK CITY, NEW YORK, UNITED STATES - 2019/05/16: Dozens of protesters gathered at the New York City Police Headquarters in downtown Manhattan, where the administrative hearing of NYPD officer Daniel Pantaleo entered its fourth day. Pantaleo is the officer responsible for the chokehold death of Eric Garner in 2014. Throughout the press conference, protesters shouted down Pat Lynch, President of the Patrolmen's Benevolent Association, calling for Pantaleo to be fired and sent to jail. (Photo by Michael Nigro/Pacific Press/LightRocket via Getty Images) NEW YORK — After Eric Garner died following a confrontation with New York City police five years ago, one officer involved in the struggle wrote up paperwork that exaggerated the seriousness of the dead man's suspected crime, according to testimony Tuesday.

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.

Prosecutors recommended charging a New York police officer , but others question whether the In recent weeks, career prosecutors recommended civil rights charges against Officer Pantaleo and Officer Pantaleo has said he did not mean to put Mr. Garner in a chokehold . The officer said he

De Blasio said he watched the video and was very troubled by what he saw, but urged patience during the Bratton said the use of chokeholds is prohibited by the NYPD because of the concern that they can Victim 's mother thanks wellwishers for their support but Al Sharpton dismisses Commissioner

Officer Justin Damico testified that after riding in an ambulance with the dying Garner, he went ahead on his own and filled out arrest papers listing a felony tax charge that would've required prosecutors to prove Garner, a small-time street hustler, had sold 10,000 untaxed cigarettes.

Damico spoke at the police department disciplinary trial for Daniel Pantaleo, the officer accused of placing Garner in a banned chokehold as they attempted to arrest him for selling loose, untaxed cigarettes near a Staten Island park 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.

Damico 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 telltale sign that 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.

The NYPD charged officer Daniel Pantaleo with violating department regulations, WABC reported Saturday. A case against his supervising NYPD Pantaleo is seen on video taking Garner down in a chokehold , a move that is banned under NYPD policy but one the officer 's lawyer says was taught

Seconds later, a video shows an officer behind Garner grab him in a chokehold and pull him to the sidewalk, rolling him onto his stomach. People participate in a demonstration against the death of Eric Garner after he was taken into police custody in Choke hold victim 's family and friends protest.

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

The confrontation with Garner was partially caught on a bystander's cellphone video, ending with Pantaleo grabbing Garner and pulling him to the ground. Garner's dying pleas of "I can't breathe" became a rallying cry against police brutality.

Pantaleo, 33, denies wrongdoing. He has been on desk duty since Garner's death.

Testifying for more than an hour Tuesday, Damico told a nearly full hearing room at police headquarters that he'd given an agitated Garner a warning two weeks before the confrontation.

Damico said he and Pantaleo allowed Garner to vent for about 10 minutes before moving to arrest him because they were reluctant to use physical force.

And he testified that he did see 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.

Daniel Pantaleo’s lawyer says accused cop saved Eric Garner’s life in first day of NYPD disciplinary trial

Daniel Pantaleo’s lawyer says accused cop saved Eric Garner’s life in first day of NYPD disciplinary trial Lawyers battling over whether an NYPD officer should be fired for putting Eric Garner in a fatal chokehold argued Monday that Garner’s last words help prove their cases. 

Charges against a second NYPD sergeant involved in the incident may also be on the way, sources told the A grand jury declined to indict the officer who applied the fatal chokehold to Garner, Daniel Pantaleo, in READ MORE: Daughter of NYPD chokehold victim Eric Garner mulls bid for Congress.

He later died in hospital. Police union officials and Pantaleo's lawyer argued that the officer used a takedown move taught by the force, and not a chokehold His death was ruled as a homicide by the city medical examiner, who said police officers killed him by compressing his neck and chest.

Until Tuesday, Damico had never spoken publicly about the case.

Damico testified that he and Pantaleo tried to be patient as Garner screamed that he was tired of continually being harassed by police. They stayed calm even as Garner swatted Damico's hands away and refused to be arrested.

Damico and Pantaleo "utilized textbook de-escalation techniques to limit the use of force against a much larger and irate individual," said Pat Lynch, the president of the union representing officers, the Police Benevolent Association.

"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," Lynch 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 to rebut the New York medical examiner's finding that a chokehold set into motion "a lethal sequence of events" for Garner.

Garner's family said it's tired of the delays.

___

This story has been corrected to show that the last name of the officer who testified is Damico, not D'Amico.

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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