•   
  •   
  •   

US‘I Can’t Breathe’ Case: 7 Takeaways From Disciplinary Hearing on Eric Garner’s Death

03:50  10 june  2019
03:50  10 june  2019 Source:   nytimes.com

Khloe Kardashian attends California prom with super fan

Khloe Kardashian attends California prom with super fan Khloe's superfan says he's "over the moon" that she decided to go to prom with him.

Five years after Eric Garner ’ s death in police custody, New York City has finally aired much of the evidence in his killing, which On Thursday, a disciplinary hearing for Officer Daniel Pantaleo, the Staten Island officer who wrapped his arm around Mr. Garner ’ s neck on July 17, 2014, came to an end.

Footage filmed by a bystander shows Eric Garner being wrestled to the ground in a chokehold by an NYPD officer before turning limp. The father, 43, can be heard gasping ' I can ' t breathe '. He was later pronounced dead at a hospital. Protests have erupted in New York after a grand jury failed to indict

‘I Can’t Breathe’ Case: 7 Takeaways From Disciplinary Hearing on Eric Garner’s Death© Eduardo Munoz Alvarez/Associated Press Several of Officer Daniel Pantaleo’s colleagues testified on Thursday that he was an outstanding worker.

[What you need to know to start the day: Get New York Today in your inbox.]

Five years after Eric Garner’s death in police custody, New York City has finally aired much of the evidence in his killing, which incited nationwide demonstrations and set the city on edge.

On Thursday, a disciplinary hearing for Officer Daniel Pantaleo, the Staten Island officer who wrapped his arm around Mr. Garner’s neck on July 17, 2014, came to an end.

Game 2 takeaways: How the wounded Warriors evened the Finals

Game 2 takeaways: How the wounded Warriors evened the Finals The Golden State Warriors used an 18-0 third-quarter run to gain some separation from the Raptors in Game 2 before evening the NBA Finals with a 109-104 win in Toronto. 

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 kee It' s been nearly five years since Eric Garner ' s death What Eric Garner case says about federal prosecution of police officers on duty

Garner ' s death occurred just weeks before Michael Brown was killed by a police officer in Ferguson, and Watch all Democracy Now! coverage about the Eric Garner case in our archive: http " I can ’ t breathe " goes nationwide in Eric Garner protests - Продолжительность: 2:45 CBS Evening News

Over the coming weeks an administrative judge will send her verdict on the departmental charges to the police commissioner, James P. O’Neill, who will make a final decision about whether to discipline or fire the officer.

Sign Up For the Morning Briefing Newsletter

Officer Pantaleo was never charged with a crime, and the public never heard the information presented to a grand jury. The seven days of testimony in the hearing answered several questions about the case. Here are some of the takeaways:

We may never hear Officer Pantaleo testify

For five years, relatives of Mr. Garner and their supporters have been waiting to hear what Officer Pantaleo had to say about the arrest that led to Mr. Garner’s death. They are still waiting.

Nashville Flipped Star Troy Shafer's Tragic Cause of Death Released

Nashville Flipped Star Troy Shafer's Tragic Cause of Death Released Nashville Flipped Star Troy Shafer Cause of Death

Garner died some minutes later. NYPD Union leader Patrick Lynch challenged the claim that a chokehold was used. On August 1, 2014, medical examiners concluded that police conduct in combination with Garner ' s heart problems, obesity and asthma was the primary cause of death .

Five years after Mr. Garner ’ s dying words, “ I can ’ t breathe ,” became a rallying cry, Attorney General William P. Barr ordered the case be dropped. Gwen Carr, Eric Garner ’ s mother, spoke at a press conference on Tuesday after the Justice Department declined to pursue federal charges against a

Officer Pantaleo’s lawyer, Stuart London, maintained his client was “desperate” to give his account on the witness stand, but could not because he might say something that would lead federal prosecutors to bring civil-rights charges against him.

Elizabeth Geddes, a federal prosecutor who had been sitting in on the testimony, walked out when it became clear that Officer Pantaleo would not testify. Her presence suggested the Department of Justice was still interested in the case.

The disciplinary case was prosecuted by the Civilian Complaint Review Board, a city oversight agency, under an agreement with the Police Department; its prosecutors, who have asked for Officer Pantaleo to be fired and stripped of his pension, also could have called him to testify.

But Suzanne O’Hare, the chief prosecutor, said she would have been at a disadvantage if she called Officer Pantaleo as a witness because she would have been limited to asking direct questions while his lawyer could cross-examine him, putting a different spin on events. She read excerpts during her closing remarks that she said showed that Officer Pantaleo practically admitted to using a banned chokehold.

Disciplinary Trial Resumes For NYPD Officer Accused In Eric Garner’s Death

Disciplinary Trial Resumes For NYPD Officer Accused In Eric Garner’s Death The defense is expected to call a medical examiner from St. Louis to refute the New York City medical examiner’s testimony a chokehold used by Pantaleo contributed to Garner’s death in 2014 on Staten Island. The NYPD banned chokeholds in the 1990s. “The chokehold would have compromised the neck and would have compromised the airway, making it difficult for him to breathe,” Dr. Floriana Persechino, the medical examiner who performed Garner’s autopsy, testified last month. Garner’s pleas of “I can’t breathe” became a rallying cry against police brutality.

In his new book, I Can ' t Breathe , Taibbi writes about Garner ' s life, the police practices that contributed to his death and the "The reality is that Eric Garner died at the hands of a police force and a criminal justice system that There is an internal disciplinary proceeding that is going on against him, but

NYPD To Launch Disciplinary Action In Eric Garner Case . The ' I Can ' t Breathe ' Death Boosted The NEW YORK (CBSNewYork) – Four years after Eric Garner died during an arrest on Staten Island that was Garner ’ s death became another rallying cry in the Black Lives Matter movement.

Ms. Carr told reporters on Wednesday that she was disappointed that the judge allowed Officer Pantaleo to enter a statement that could not be challenged at trial.

“I don’t think that’s justice,” she said. “We waited five years. We fought hard. I fought hard with all of these committees to get this trial.”

He did describe his actions to Internal Affairs

The police administrative judge overseeing the case, Rosemarie Maldonado, took the highly unusual step of allowing Mr. London to enter Officer Pantaleo’s interview with Internal Affairs investigators into the record, over the objections of prosecutors.

In December 2014, Officer Pantaleo told Sgt. Luke Gasquez, the lead Internal Affairs investigator on the case, that he had not used a banned chokehold on Mr. Garner.

Officer Pantaleo said he was “just trying to bring him down to the ground,” where he held on to Mr. Garner while other officers handcuffed him.

“There was no pressure to the neck,” he said, according to a transcript excerpt that Mr. London read aloud in court. “It was pretty much me just laying on him, prevent him from getting back on all fours.”

Top Department of Justice official appears at NYPD trial of Officer Daniel Pantaleo as feds weigh filing charges in choking death of Eric Garner

Top Department of Justice official appears at NYPD trial of Officer Daniel Pantaleo as feds weigh filing charges in choking death of Eric Garner A federal civil rights prosecutor attended the departmental trial of NYPD Officer Daniel Pantaleo Wednesday -- then promptly left when it became clear the embattled cop would not testify in his own defense. 

He said Mr. Garner’s “throat area was in the crux of my elbow.”

Isn’t that a chokehold?

The Internal Affairs investigators thought so and recommended Officer Pantaleo face disciplinary charges, but the Police Department’s internal unit that prosecutes misconduct never brought a case.

During the disciplinary hearing, prosecutors focused on a still frame from the video in which Officer Pantaleo’s hands appeared locked around Mr. Garner’s neck, as well as a video in which he demonstrates what he did for another officer at the scene. Both videos were recorded by bystanders.

Yet Mr. London argued his client used a “seatbelt” maneuver that is approved by the department and does not cut off breathing. A former sergeant who oversaw Officer Pantaleo’s tactical training said he appeared to use it correctly, although he said Officer Pantaleo was never taught the move at the Police Academy.

Mr. London asserted, and Judge Maldonado seemed to agree, that he only needed to prove that Officer Pantaleo used an approved tactic, not that he had been trained to use it by the department.

Ms. O’Hare argued that regardless of what Officer Pantaleo intended, his grip on Mr. Garner quickly turned into a chokehold. Both videos, she added, show that instead of releasing Mr. Garner, Officer Pantaleo clasped his hands and pulled his arms back toward the unarmed man’s neck. That was proof, she said, that his actions were reckless and intentional.

Judge to determine future for NYPD cop accused of killing Eric Garner with chokehold

Judge to determine future for NYPD cop accused of killing Eric Garner with chokehold A judge will suggest if NYPD Officer Daniel Pantaleo should get fired or lose vacation days.

Mr. London said there was not enough bruising on Mr. Garner’s throat to prove the pressure was enough to cut off his breathing. One witness, Dr. Michael A. Graham, the St. Louis medical examiner, said he did not believe that Mr. Garner’s breathing was restricted because he was able to speak. Mr. Garner’s last words, “I can’t breathe,” became a battle cry for protesters.

Dr. Jason Graham, the first deputy chief medical examiner of New York, who is not related to the Missouri doctor, pointed out that Mr. Garner can be heard grunting before Officer Pantaleo releases his grip, indicating there was a period that Mr. Garner couldn’t breathe.

Officers often use techniques they are not trained to do

The training sergeant, Russell Jung, drew gasps from the audience when he testified that officers often use physical tactics against detainees that they did not learn at the Police Academy.

“There are a million maneuvers that we use in the streets that we are not trained to do,” he said, offering a kick to the shin as an example. He said it would be impossible to squeeze them all into police training.

Ms. O’Hare argued that a failure to admonish Officer Pantaleo would send the message that the Police Department approved of officers using potentially lethal tactics without proper training.

“This is not a free-for-all,” she said. “There is a reason for the training. You cannot learn something by talking about it in the locker room. If you do it wrong, someone can get hurt or someone can get killed. It is reckless to use this technique without training.”

Angelina Jolie Asking Out Keanu Reeves On A Date?

Angelina Jolie Asking Out Keanu Reeves On A Date? Angelina Jolie has not asked out Keanu Reeves on a date, despite a made-up tabloid report. Gossip Cop can exclusively debunk the story. The actor’s own spokesperson tells us it’s untrue. According to Star, however, Jolie decided she’s ready to find love again after turning 44 earlier this month and has set her sights on […]

Seen selling cigarettes from over 300 feet away

Officer Pantaleo’s partner, Justin Damico is the only person to say he saw Mr. Garner selling cigarettes before the pair moved in to make an arrest.

But Ms. O’Hare said that it was unlikely he could have seen a cigarette sale because the officers were 328 feet away from Mr. Garner, a distance about the length of a football field.

Officer Damico also testified that he inflated the charges against Mr. Garner after he died. In arrest paperwork that was never filed, he said he listed a felony that would have required Mr. Garner to have had more than 10,000 cigarettes.

But the police only found a fraction of that: five packs of Newports containing fewer than 100 cigarettes, Officer Damico said.

The carton stamps indicated the cigarettes were from Virginia, suggesting they were being sold illegally in New York, he said.

Ramsey Orta, who was with Mr. Garner and filmed his last encounter with the police, testified by video link that Mr. Garner had not been selling cigarettes that day and had just broken up a fight before the police approached him.

Officers talked to Mr. Garner for 10 minutes

Mr. London said the officers were sent to arrest Mr. Garner by a supervisor, who told them to “get the cigarette guy.” So that is what they did, he said.

Officer Damico testified that they talked to Mr. Garner for about 10 minutes because they wanted to avoid a fight. The longer they waited, Mr. Jung said, the more they risked “emboldening” Mr. Garner to resist arrest.

Ms. O’Hare said Mr. Garner was not resisting arrest but trying to talk officers out of it. He had done just that with Officer Damico two weeks earlier, she said.

In that incident, Officer Damico testified, he had let Mr. Garner go with a warning after spotting him selling cigarettes because he felt “it was the right thing to do.”

Ms. O’Hare said that once the arrest started, there was no need for Officer Pantaleo to take Mr. Garner down on his own, and it was unreasonable for him to hang on as long as he did because backup officers had arrived.

“He’s just taking a ride on Eric Garner’s back with a chokehold,” she said. “Four other officers are there. He’s got to stop. He’s got to release. It’s reckless to not let go.”

Pathologists don’t agree on what caused Mr. Garner’s death

Prosecutors and defense lawyers agree that Mr. Garner was in poor health and died of a heart attack, but they disagree on what induced it.

Two pathologists from the city medical examiner’s office testified that Officer Pantaleo used a chokehold to take down Mr. Garner, setting off an asthma attack that sent Mr. Garner into cardiac arrest as officers restrained him on the ground.

“Those are the physical actions that set in motion the change of events in Mr. Garner’s body that led to his death,” Dr. Jason Graham testified on Thursday.

Mr. London mocked the conclusion as a “joke” because the examiner who conducted Mr. Garner’s autopsy had relied on video of the encounter to reach her findings.

Citing the testimony of the St. Louis medical examiner who reviewed the autopsy report, he countered that Mr. Garner’s death spiral started earlier and was set off by his emotional reaction to the officers’ attempt to arrest him. That, combined with his obesity, heart disease, asthma and other ailments made him “predisposed to morbidity,” Mr. London said.

“Mr. Garner was a ticking time bomb with no margin of safety,” Mr. London said.

Read More

‘I can’t breathe’: Five years after Eric Garner died in struggle with New York police, resolution still elusive.
Only now is Garner’s death being fully adjudicated. Here’s the inside account of the NYPD’s ongoing disciplinary proceedings.

Topical videos:

usr: 1
This is interesting!