And what do you do when the taser kills him too...
Using the tazer is a documented, well-established, and trained-for alternative in the compliance continuum.
The principle concept behind use of force doctrine:
“Minimum force necessary to compel compliance.”
If the police had probable cause to make an arrest, or an actual warrant for arrest, then they can take the man into custody by informing him he is under arrest, informing him of the charge, and then asking him to comply.
To the extent he refuses, you can start working your way up that continuum until they comply, or until in the course of compliance, you feel you life or safety is in imminent danger.
Choke holds are not a part of the compliance continuum. They aren’t. The NYPD used them. That’s it. Game over. The officers are trained on this continuum. They have to take tests to make grade. There’s no way around this.
If the taser killed him, then you chalk it up to too much baby back ribs and mourn his passing.
If you choke him out, well, then its homicide, and the only thing left to consider is what kind of homicide it is: from ‘justifiable’ through ‘negligent’ through ‘manslaughter’ to ‘murder’.
Custody is a legal term. It means that the police officer has become responsible for the SAFETY of the suspect until custody of that suspect has been transferred to the precinct, or to a detention facility. If a suspect dies in your custody, then the officer who collared him is responsible for his death.
The grand jury massively screwed up here, but not before the NYPD screwed up in taking out the dude who put the choke hold on him and whacked him back down to traffic. Use of force is THE ISSUE du jour right now. It is totally out of hand.