Posted on 12/12/2014 9:36:14 AM PST by Kaslin
In this column, I recently argued in favor of a grand jurys refusal to indict Officer Dan Pantaleo for the death of Eric Garner. To my dismay (and, frankly, shock), a great many conservatives and libertarians, Ive had the great misfortune to discover, disagree vehemently with the grand jurys decision. Some have gone so far as to describe Garners death as murder.
Bear in mind, the critics knowledge of this case extends no further than a 15 second or so video of the fatal arrest and the fact that Garner was illegally selling cigarettes. Thats it. It is coupled by their beliefone that I share, by the waythat this offense of Garners should not be a criminal offense at all. Thus, the police, so goes the reasoning, never shouldve placed him under arrest in the first place
The police, though, are not authorized to be selective with respect to the laws that they enforce: Officers of the law are obligated to enforce the lawswhether they personally believe that the laws are just or unjust, good or bad.
New information has surfaced since my last article on this subject that sharpens that much more the contrast between the critics state of knowledge regarding this whole situation with that of the grand jury.
For months, twenty-three strangers, black, white, and Hispanic, poured over 60 items of evidence. These included four videosi.e. significantly more footage than that on which the pontificators in the media and elsewhere have been feeding; medical records; autopsy photographs; photos from the scene of the alleged crime; and information on NYPD policies, procedures, and officer training.
Also among the evidence was testimony on the part of 50 witnesses. No fewer than 22 of these witnesses were civilians. The remainder consists of police officers, EMTs, and doctors.
The grand jury also received instruction in the relevant principles of law concerning an officers right to use force.
Officer Pantaleo explained that he did not apply a chokehold to Garner. Rather, he applied a move that he learned in the police academy, a move designed to tip the person [being arrested or restrained] so that they lose their balance and go to the ground. Though he heard Garner say that he couldnt breathe, Pantaleo testified that given the formers ability to speak, he didnt think that that was actually the case. Nevertheless, he immediately released him and called the EMTs.
Pantaleo also added that he was fully aware that he was being videoedbut he didnt mind. And he didnt mind because he knew that he wasnt committing any misconduct.
The grand jurors were in a position to evaluate Pantaleos account. They found that it was truthful.
The critics dont like the outcome. But they have no argument. And how could they? To claim that the activity for which Garner was initially confronted by police never should have been a crime is wholly irrelevant to whether Officer Pantaleo acted lawfully or not in using force to bring Garner down, and even less relevant to the question of whether Pantaleo murdered Garner.
To arguenot emote, but arguethat the grand jury made the wrong decision, the aggrieved must challenge both the evidence that the jurors drew upon for their conclusion, as well as the reasoning that lead them from the one to the other.
As of yet, no one, as far as Im aware, has attempted either course.
"Picked the fight?"
What does that mean?
No one ever picked a fight with you?
Here's another instance where an officer picked a fight with a peasant:
76-year-old man Tasered by cop over an Inspection sticker
http://www.freerepublic.com/focus/f-news/3238433/posts
...When Vasquez exited the car and attempted to show Robinson the dealer plates which wouldve exempted the necessity for up to date inspection tags thats when the altercation happened.
HOW DARE a peasant "confront" a police officer!
"He feared for his authority"
BTW - John Roberts & pals say that police can now pull you over for ANYTHING, whether there's a law being broken, or not:
[Supreme] Court: Traffic stop OK despite mistake of law (Roberts v. Fourth Amendment 8-1)
http://www.freerepublic.com/focus/f-news/3237770/posts
If you like your Police State, you can keep your Police State. And you'll keep it even if you don't like it... LOL! :)
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