Skip to comments.Police Chokehold Killed Eric Garner, Medical Examiner Rules
Posted on 08/01/2014 9:43:30 PM PDT by bamahead
TOTTENVILLE (WABC) -- The New York Medical Examiner has ruled Eric Garner died from a chokehold used by a police officer during his arrest for selling untaxed, loose cigarettes last month, calling it a homicide.
The autopsy found that Garner, 43, died as a result of compression of neck, compression of chest and prone positioning during physical restraint by police.
Mayor Bill de Blasio released the following statement. "On behalf of all New Yorkers, I extend my deepest sympathies to the family of Eric Garner ... My administration will continue to work with all involved authorities, including the Richmond County District Attorney, to ensure a fair and justified outcome."
Contributing factors included acute and chronic bronchial asthma, obesity, and hypertensive cardiovascular disease, the medical examiner said.
"The NYPD has been informed of the preliminary findings by the Office of Chief Medical Examiner as it relates to the death of Eric Garner. We will continue to cooperate with the Richmond County District Attorney's office, which is the lead investigative entity in this case," Police Commissioner William Bratton said.
The Staten Island district attorney will now determine whether to empanel a grand jury and charge officers in the death of Garner, who lived in the borough. The case is fraught with political consequences for District Attorney Daniel Donovan, a Republican whose office has a strong working relationship with the NYPD and whose constituents are overwhelmingly white and include many officers and their relatives.
If the officers aren't charged, there's fear the tensions surrounding Garner's death could dramatically increase, which is why City Hall wouldn't oppose the federal government assuming the case, according to a senior administration source who talked to the Associated Press.
(Excerpt) Read more at 7online.com ...
No one even tried to give him mouth-to-mouth or chest compressions as he lay on the sidewalk, dying.
The cop callously smiled and flippantly WAVED to camera-holding by standards, the better to show concerns had left him unfazed.
I believe he was a father of four children and the police were on-scene because he had broken up a fight.
Being LARGE should not draw a death-sentence.
Awaiting the badgelickers to declare it was a justifiable homicide...
The restraining choke was loosely applied and the duration and was negligible to cause such a death. Unless it crushed his throat, which it didn't from a cursory view.
Part of the cause of death would be the lack of first aid applied to the citizen. That is what really finished him off.
“Awaiting the badgelickers to declare it was a justifiable homicide...”
Actually, I am somewhat surprised, usually these “matters” are swept under the rug through the artifice of a “commission.” I guess the ME didn’t get the memo.
Oh wow, why didn’t they just ask you what happened??!!!!
this is the problem with the cops and all their afiliated alphabet soup groups.....they go after the stupidiest little things just to show what big men they are and this is what happens...
whatever happened to DISCRETION?...what ever happened to the law being instructive?
we had a local guy with low intelligence taken down after the wuzzy cops thought he was holding a threatening object....an empty 2L bottle of cola...he died from his treatment but thankfully after years of obstruction by the cops, the dead man had his day in court and at least one cop has in ass in prison...
It must be bedtime. I thought that article title started: ‘Police Chucklehead ...”
Clearly a capital offense -
The victim here was wrong to resist. But I understand why he did not cooperate immediately. And his confused resistance does not warrant a death sentence.
Thought ya might be interested in this.
So it was a chokehold after all, and not a heart attack as some FReepers confidently proclaimed.
Isn’t that the purpose of a chokehold?
Speaking of some attempting to defend killing this guy...
This above was quite an interesting thread. Also interesting it was put into chat.
They’d call in SWAT and snipers because of an illegal lemonade stand, I wouldn’t want to be those kids.
...........well, looking at the situation from down here in Texas and not having all that much information it’s plain to see that what little is out there does not look good for the City of New York and one or two of those cops, nor should it, as the cops appear to have violated some of their own restraint policies. That said, what were they to do, just walk away?!
On the other hand, the victim, clearly resisted arrest and he had the kind of health problems that could have contributed to or outright caused his death. It does not appear arguable that had he not resisted arrest he would be alive today.
I’d say it is going to come down to what “community” the case is tried in. If it is tried in say Harlem. New York is bankrupt and the cops are in deep you know what cuz we al know what black juries can do in a high profile case like this.
Thank you for the post. What a crying shame. One man dead at the hands of the police. Four or five police who failed to be reasonable and targeted a seemingly benign infraction. The police officers, especially the choker, committed crimes and those crimes, much more hideous than selling cigarettes, must be prosecuted in accordance with the laws of the republic. They should spend many years in prison. That will mean the families of the cops will never be normal. The family of the deceased will never be the same. It was all so unnecessary and now justice must be executed. I hate it for all involved, but the police killed him, clear and simple.
I didn’t realize you had a chance to examine the body. You didn’t? So, you don’t know what the hell you’re talking about, then, do you? How the hell can you disagree with a medical examiner without examining anyone? What you really mean is that you presume medical examiners are guilty of fraud and cops are always innocent of any crime, even when they are the proximate cause of an innocent person’s death.
“The restraining choke was loosely applied...”
I was going to comment similar to yours, but I didn’t have the energy...You summed that up better than I could have.
In a well functioning democracy submitting to an unfair arrest or being killed shouldn't be the only options. It works like that only in a dictatorship.
A democratic society would have at least one more option: to let the man call his lawyer, and wait until the lawyer arrives. It's not like any delay in taking the criminal down could result in thousands of casualties. Unfortunately, peace officers nowadays are not even trained to be maintain peace; looks like they are trained like guards for a high security prison. They are trained to always gain control of the situation - even when that is not the right thing to do. But LEOs do not know what "retreat" means. How many families would survive if both spouses only know how to push forward? If not many, then why would anyone expect this to work in the larger society?
It is actually hard to kill someone with a choke. You can cause them to pass out very quickly and such. But, to kill someone requires cutting off the blood supply and oxygen to the brain for several minutes.
Mr. Garner never lost consciousness while he was being restrained from the hold. As, I said, unless the officer destroyed his trachea, the hold did not kill him. And, I said as of now, from the cursory info I've seen. I'm willing to change my opinion once I see the report.
The edited video shows Mr. Garner having verbal command and consciousness. Those two things are important. Then the video becomes even more unclear. But, yeah, I'm skeptical of the ME.
The Medical Examiner did not rule it as a justifiable homicide. People associated with law enforcement are unlikely to label it justifiable either.
See post 10
Well amazingly, those plicks didn’t find any untaxed cigarettes on his corpse.
For a guy who was selling loose cigarettes? Maybe so.
Or, if they really felt it necessary to arrest him, maybe they could spend a few more moments and try to talk him into a peaceful surrender (after all this was not some kind of crime which threatened public safety) or maybe tase him, or pepper spray him, or, heck, throw a net over him?
For the heinous crime of selling loose cigarettes, it seems like a few things could have been attempted before resorting to excessive force.
Of course, such actions would admittedly have diluted the cops' demonstration of exactly who was boss, and deprived them of the exhilaration they surely feel when executing the forcible takedown of a resisting suspect.
and post 27
“But, yeah, I’m skeptical of the ME”
Yeah, I’m skeptical of you too
“selling untaxed, loose cigarettes last month,
Clearly a capital offense -”
..and he didn’t even get to sit on Death Row for 25 years.
I’m wondering exactly how hard the race pimps will push this. As far as I’m concerned, it’s an outrage against a citizen, not a BLACK citizen.
The restraining choke was loosely applied...
Well, his head remained attached.
Well amazingly, those plicks didnt find any untaxed cigarettes on his corpse.
They aren’t allowed AFAIK to smoke on the job, hence, no drop cigarettes.
They left him in handcuffs the entire time on the video. His hands were still cuffed when they put him on the stretcher.
The ME at this point isn't giving out enough information. When did Garner die? Was it sudden cardiac arrest, asphyxiation, or an asthma attack? Did his hypertensive disease cause an enlarged heart, which would have made him susceptible to ventricular fibrillation? Except for the conclusion, the ME is being vague.
That is probably what gets me most about the case. The cops didn’t need to be in a hurry to arrest the guy. He was a low level and nonviolent criminal who was not a danger to anybody. They could have taken their sweet time building a case, if there was a case to be built, and they could have arrested him at their leisure.
You can see another video from the store facing out where Mr. Garner gets absolutely zero help from the paramedics once his condition spirals down. They basically have him handcuffed while he dies in front of them without any medical assistance.
How can you tell he died at that point?
Watch the TV show “Cops”...
Cops do act unnecessarily brutal when the offender resists.
Don’t do the crime if you can’t do the time
The choke hold was applied first thing by the gung-ho cop. Eric Garner was completely taken by suprise as the cop sneaked up upon him from behind. Then he threw Eric Garner down on the ground, still holding him by the neck. Garner was in such pain that he was using his hands to stop the pain. Of course, that caused him to keep from putting his hands together for the handcuffs. The longer that happened, the longer the damage to his neck and throat. The action quickly shut down his respiratory system. Being such a large man, that shock to his system was fatal.
It is time police departments learn how to deal with the public. In this video, I saw only tight lipped cops standing around him; waiting for back-up to arrive. The back-up attacked the surprised victim like pack animals.
This was murder and, if I were on the jury pool, I would convict the cop who applied the choke hold and all of the pack animals in the attack.
This one really ticked me off.
Thanks for the link. During the first couple of minutes, he appears to be conscious (he is holding his head off the ground) and as you said he is on his side. I also see the officer checking his pulse a couple of times. At 2:56 he appears to be breathing but unconscious. When the female EMT shows up she checks for a pulse. Before they put him on a stretcher she checks to see if he’s breathing by placing her hand on his abdomen. The guy taking the video asks why they aren’t doing CPR and an officer says he’s breathing as Garner is taken away on a stretcher.
I don’t get how the ME can say his prone position caused his death when he’s clearly on his side here and definitely still alive for the first couple of minutes.
Hopefully, the officers will be hung after a speedy trial.