Wednesday, December 3, 2014

NYC's Latest Uproar: The Garner Case- wikipedia

I want to try and give as objective and neutral account of all this as I can..

 Of course, it comes in the wake of the Ferguson riots and looting

 People are afraid of-- or some maybe hoping for-- riots and looting in NY over the Garner case, where a black man who sold "looses" ( single untaxed cigarettes) on the street died while being arrested and subdued by cops.

 This whole affair has taken on strange overtones.

 For instance, while walking yesterday on Columbus Avenue's Uptown Yuppie/millionaire strip ( Just south of where it crashes into the slums of Harlem) I saw two effete young white men with jackets that read " Southern Poverty Law Center" or something like that regaling passers by on the sidewalk.

 "Hey, be a hero, protest injustice in America," one of them called to me. I wondered if the "hero" part had anything to do with the wool cap I was wearing with the FDNY logo on it.

 I guess The Rev. Al Sharpton, who is Johnny-on-the-spot when it comes to anything that smacks of racial tension, is going to be heard from A LOT again and very soon...

 Meanwhile, from Wikipedia:

Death of Eric Garner

From Wikipedia, the free encyclopedia
Death of Eric Garner
Time3:45 p.m. (EST)
DateJuly 17, 2014
Location202 Bay Street, Tompkinsville, Staten Island
CauseCompression of the neck (rear naked choke)
First reporterNY Daily News
Filmed byRamsey Orta[1]
ParticipantsDaniel Pantaleo & Justin Damico (NYPD officers)
Deaths1
Litigation$75 million lawsuit filed by Garner's family against New York City, NYPD, and six NYPD officers[2]
On July 17, 2014, in Staten Island, New York, United States, Eric Garner died of a heart-attack after being placed in a choke-hold by an officer, a tactic banned by the Police Department.[3][4] On this day, he was initially approached by police officer Justin Damico.[5][6] A fellow officer, Daniel Pantaleo, put Garner on the ground by the use of force, including a headlock or chokehold shown in a widely viewed video recording of the event.[1] Garner died some minutes later. NYPD Union leader Patrick Lynch challenged the claim that a chokehold was used.[7]
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.[8] As a result of Garner's death, four EMTs and paramedics who responded to Garner's death were suspended without pay on July 21, 2014, and officers Justin Damico and Daniel Pantaleo were placed on desk duty, the latter stripped of his service gun and badge.
The event stirred public protests[9] and rallies[10] with charges of police brutality and was broadcast nationally over various media networks.[11][12]
On December 3, 2014, a grand jury decided not to indict Daniel Pantaleo, the officer who was involved in Garner's death.[13]

Backgrounds[edit]

Eric Garner[edit]

Eric Garner (September 15, 1970 – July 17, 2014) had been employed as a horticulturist at the New York City Department of Parks and Recreation.[14] Garner was a 350-pound (160 kg), 43-year-old, 6'3" (1.91 m) tall, asthmatic African American man.[3][4] He has been described by his friends as a "neighborhood peacemaker" and as a generous, congenial person.[15] He had six children.[6] Garner had been previously arrested and was out on bail for selling untaxed cigarettes, driving without a license, marijuana possession and false personation.[16][17]

Daniel Pantaleo[edit]

Daniel Pantaleo is a New York City Police Department officer who at the time of Garner's death, had eight years of law enforcement experience, was 29 years old, and living in Eltingville, Staten Island.[18] Pantaleo was the subject of two civil rights lawsuits in 2013 where plaintiffs accused Pantaleo of falsely arresting them and abusing them.[19]

Death[edit]

On July 17, 2014, at 4:45 p.m., Eric Garner was approached by a plainclothes police officer, Justin Damico, in front of a beauty supply store at 202 Bay Street in the Tompkinsville neighborhood in Staten Island. After telling the police officers, "I was just minding my own business. Every time you see me you want to mess with me. I'm tired of it. It stops today!"[20] Garner swatted their arms away, saying, "Don't touch me, please." He was then put in a chokehold or headlock from behind by officer Daniel Pantaleo, in order to be subdued. While Garner repeatedly stated he was not able to breathe, other officers struggled to bring him down onto the sidewalk and have him put his arms behind his back. The video shows officer Pantaleo using his hands to push Garner's head down into the sidewalk. Garner died a few minutes later.[20][21][22]
The video also showed that police waited seven minutes before giving Garner cardiopulmonary resuscitation.[10][23] Use of the chokehold is legal, but has been prohibited by New York City Police Department policy since 1993.[24]
Garner's death was recorded by Ramsey Orta, a friend of Garner's.[1]
The final autopsy report in Garner's death showed that Garner did not have any drugs or alcohol in his system and had no head trauma.[25] The New York Times reported that the autopsy suggested his obesity and health problems caused his fatal heart attack.[14]

Aftermath[edit]

Three weeks after recording his friend's arrest on his cell phone, Ramsey Orta was arrested on weapons charges.[1] Al Sharpton made a statement that prosecuting Orta while also calling him as a witness could constitute a conflict of interest.[1] One week after, Orta's wife was arrested and charged with misdemeanor assault.[26]

Investigation[edit]

On July 20, 2014, the officer who grabbed Garner by the neck, Daniel Pantaleo,[12] was put on desk duty and stripped of his service handgun and badge.[27] Officer Justin Damico was allowed to keep his badge and handgun but was placed on desk duty.[28] Four of the EMTs and paramedics who responded to Garner's respiratory distress were suspended without pay on July 21,[12] while the hospital they worked at, Richmond University Medical Center, conducted its own investigation into the incident.[29] The two paramedics have since been returned to their regular duties.
Garner's death was found by the New York City Medical Examiner's Office to be a result of compression to the neck, compression to the body, and prone positioning, along with asthma, heart disease and obesity as contributing factors.[30] On August 1, the medical examiner's spokesperson, Julie Bolcer, announced that Garner's death has been ruled a homicide.[21][31]
As of October 26, 2014 a Grand Jury has been convened and is presently hearing evidence prior to deliberating whether to file charges against Officer Pantaleo.
As of December 3, 2014 the Staten Island Grand Jury decided to not indict police officer Daniel Pantaleo.[32]

Reactions[edit]

Public reaction[edit]

Al Sharpton and Eric Garner's wife, Esaw Garner (right), at a protest in Staten Island on July 19, 2014.
Al Sharpton organized a peaceful protest in Staten Island on the afternoon of July 19, and condemned the police's use of the chokehold on Garner, saying that "there is no justification" for it.[33]
On July 29, 2014, a protest was held in Times Square, organized by WalkRunFly Productions and poet Daniel J. Watts. The protest was in the form of poetry and many Broadway entertainers participated in the event.[34] Al Sharpton originally planned to lead a protest on August 23, in which participants will drive over the Verrazano–Narrows Bridge, then travel to the site of the altercation and the office of District Attorney Daniel M. Donovan, Jr.[35] This idea was scrapped in favor of Sharpton leading a peaceful march along Bay Street in Staten Island, where Garner died; police estimated that over 2,500 people participated in the march.[36][37]

Politicians[edit]

Bill de Blasio, at a July 31 roundtable meeting in response to the death, convened with police officers and political activists, called upon mutual respect and understanding. On August 1, in his statement, the mayor urged all parties involved to create a dialogue, and find a path "to heal the wounds from decades of mistrust and create a culture where the police department and the communities they protect respect each other".[40][41]

Police[edit]

As a result of Eric Garner's death, Police Commissioner William Bratton ordered an extensive review of the NYPD's training procedures after Garner's death, specifically focusing on the appropriate amount of force that can be used while detaining a suspect.[22]

Funeral[edit]

A funeral was held for Garner on July 23, 2014, at Bethel Baptist Church in Brooklyn. At the funeral, Al Sharpton gave a speech calling for harsher punitive measures to be taken against the officers responsible for putting Garner in the chokehold.[42]

Grand jury[edit]

On December 3, 2014, a grand jury decided not to indict Daniel Pantaleo, the officer who was involved in Garner's death.[43]

See also[edit]

References[edit]

  1. ^ Jump up to: a b c d e "Staten Island man dies after NYPD cop puts him in chokehold — SEE THE VIDEO". New York Daily News. July 17, 2014. Retrieved July 19, 2014.
  2. Jump up ^ $75 million suit over NYC chokehold death planned, Associated Press, October 7, 2014.
  3. ^ Jump up to: a b Sullivan, C. (July 18, 2014). "Man dies after suffering heart attack during arrest". New York Post (New York City: Jesse Angelo). Retrieved August 10, 2014.
  4. ^ Jump up to: a b Goodman, David (August 4, 2014). "Difficult Decisions Ahead in Responding to Police Chokehold Homicide". The New York Times(New York City: Arthur Ochs Sulzberger, Jr.). Retrieved August 10, 2014.
  5. Jump up ^ On Subway, Flying Feet Can Lead to Handcuffs. Matt Flegenheimer and J. David Goodman. The New York Times. July 28, 2014. Retrieved July 29, 2014.
  6. ^ Jump up to: a b ... Two cops pulled off streets, Staten Island DA looking into death of dad of six after NYPD cop put him in chokehold during sidewalk takedown ... Annie Karni, Rocco Parascandola, Larry Mcshane. New York Daily News. July 18, 2014.
  7. Jump up ^ Goodman, David (August 5, 2014). "Handling of New York Chokehold Cases ‘Disappointing,’ Review Board Chief Says". The New York Times (New York City: Arthur Ochs Sulzberger, Jr.). Retrieved August 10, 2014.
  8. Jump up ^ "Disquiet in NYPD ranks over Bill de Blasio's perceived anti-police stance". The Guardian(London: Guardian News and Media). August 9, 2014. Retrieved August 10, 2014.
  9. Jump up ^ ... Al Sharpton demands justice ... Associated Press Reporter. Mail Online. July 23, 2014.
  10. ^ Jump up to: a b Niraj Chokshi (July 19, 2014). "New video purports to show aftermath of the chokehold that led to Eric Garner’s death". The Washington Post. Retrieved July 29, 2014.
  11. Jump up ^ Commissioner Bratton Expects Lawsuits To Be Filed In Wake Of Eric Garner’s Death. CBS. July 27, 2014. Retrieved July 29, 2014.
  12. ^ Jump up to: a b c Behind the Video of Eric Garner’s Deadly Confrontation With New York Police. Josh Sanburn. TIME. July 22, 2014. Retrieved July 29, 2014.
  13. Jump up ^ Eversley, Melanie (3 December 2014). "Lawyer: Cop in chokehold case won't be charged". USA Today. Retrieved 3 December 2014.
  14. ^ Jump up to: a b "Man's Death After Chokehold Raises Old Issue for the Police". The New York Times. July 19, 2014.
  15. Jump up ^ Blidner, Rachelle (July 21, 2014). "Friends: Man in NYC chokehold case 'gentle giant'". Seattle PI. Retrieved July 21, 2014.
  16. Jump up ^ Donnelly, Frank. "Misdemeanor cases over alleged untaxed cigarettes preceded fatal police incident with Eric Garner". Retrieved August 8,2014.
  17. Jump up ^ DeNinno, Nadine. "Eric Garner Died After NYPD Put Him In A Chokehold, Slammed His Head On Ground During Arrest [VIDEO]". International Business Times. Retrieved July 19,2014.
  18. Jump up ^ Prendergast, Daniel; Schram, Jamie. Officer in chokehold arrest receives death threats online, New York Post, July 22, 2014.
  19. Jump up ^ Jonsson, Patrik. Eric Garner ruled victim of chokehold ‘homicide’: Should a grand jury indict?, Christian Science Monitor, August 2, 2014.
  20. ^ Jump up to: a b NYPD Strips Badge, Gun From Cop Involved In Fatal Chokehold, Gothamist, July 20, 2014.
  21. ^ Jump up to: a b Pearson, Jake. Official: Police chokehold caused NYC man's death, Associated Press, August 1, 2014.
  22. ^ Jump up to: a b Sanchez, Ray. Choke hold by cop killed NY man, medical examiner says, CNN, August 2, 2014.
  23. Jump up ^ Koeske, Zack (July 19, 2014). cops_dug_through_garners_pocke.html "New video shows Eric Garner motionless on ground as police wait for EMS". Staten Island Advance. Retrieved July 19, 2014.
  24. Jump up ^ World News (July 19, 2014). "NYPD Cop in Chokehold Death Loses Gun, Badge". ABC News. Retrieved July 19, 2014.
  25. Jump up ^ Schram, Jamie. Chokehold victim Eric Garner had no drugs, alcohol in system, New York Post, August 7, 2014.
  26. Jump up ^ Time, 2014-08-06, http://time.com/3087613/wife-of-ramsey-orta-arrested-for-assault-in-staten-island/
  27. Jump up ^ NYPD Cop's Chokehold May Not Have Caused Serious Injury to Man's Throat. Josh Margolin, Ron Cliborne and Mark Crudele. ABC News. July 20, 2014. Retrieved July 29, 2014.
  28. Jump up ^ http://www.nydailynews.com/new-york/nyc-crime/wife-man-filmed-chokehold-arrested-article-1.1893790#cAOs5mib4wBv4MOC.97, New York Daily News, August 7, 2014.
  29. Jump up ^ Annese, John M. (July 21, 2014). "EMTs and paramedics who responded to Eric Garner have been suspended without pay by hospital". Staten Island Advance. Retrieved July 22, 2014.
  30. Jump up ^ [1][dead link]
  31. Jump up ^ Pearson, Jake (August 1, 2014). "Official: Police chokehold caused NYC man's death". Associated Press. Retrieved August 1, 2014.
  32. Jump up ^ Sanchez, Ray; Debucquoy-Dodley, Dominique (Wed December 3, 2014). "N.Y. cop not indicted in choke hold death". CNN. CNN. Retrieved Wed December 3, 2014. Check date values in: |date=, |accessdate= (help)
  33. Jump up ^ Queally, James (July 19, 2014). "Rev. Al Sharpton leads calls for justice in NYPD chokehold death". Los Angeles Times. Retrieved July 19, 2014.
  34. Jump up ^ I Can't Breathe, YouTube, WalkRunFly Productions, July 29, 2014.
  35. Jump up ^ Allen, Jonathan. Bridge protest over NYC man's arrest death to proceed, Reuters, August 9, 2014.
  36. Jump up ^ "Rev. Al Sharpton Leads March, Rally Over Eric Garner’s Death On Staten Island". CBSNewYork/AP. August 23, 2014. Retrieved August 27, 2014.
  37. Jump up ^ BBC News Eric Garner death: Thousands rally in Staten Island BBC August 24, 2014, Accessed August 27, 2014
  38. Jump up ^ Jonsson, Patrik (July 19, 2014). "How minor crime questioning led to chokehold death of Eric Garner". Christian Science Monitor. Retrieved July 19, 2014.
  39. Jump up ^ Barrett, Devlin (July 25, 2014). "Eric Holder: Justice Department 'Closely Monitoring' Chokehold Probe". Wall Street Journal. Retrieved July 26, 2014.
  40. Jump up ^ "Transcript: Mayor de Blasio Hosts Roundtable on Police-Community Relations". Government of New York City. Mayor of New York City. July 31, 2014. Retrieved August 10, 2014.
  41. Jump up ^ "Statement of Mayor Bill de Blasio on the Medical Examiner's Report on the Death of Eric Garner". Government of New York City. Mayor of New York City. August 1, 2014. Retrieved August 10, 2014.
  42. Jump up ^ "Sharpton To Officers In Eric Garner Case: ‘When Does Your Morality Kick In?’". CBS New York. July 23, 2014. Retrieved July 24, 2014.
  43. Jump up ^ Eversley, Melanie (3 December 2014). "Lawyer: Cop in chokehold case won't be charged". USA Today. Retrieved 3 December 2014.
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