Perhaps that's the expectation in a neo-fascist police state. Hopefully not in the U.S.
It was not the "choke hold" (really a sleeper hold that when applied correctly does not impair breathing) that killed Mr. Garner. It was his precarious health, and the aggressive policing that led to a confrontation and arrest attempt.The struggle and having grown men on his back would likely have been enough to cause his death.The die was cast once the police officers decided to arrest him - which begs the question - why were the officers so confrontational. Their attitude led to a fatal escalation. Once he became confrontational, police training is that they use overwhelming force to quickly subdue the "suspect" to limit risk of greater harm.Here's an alternative approach that would have saved a life. Loose cigarettes? Write him a ticket.
One never knows which of their actions may be cause to bring one down, but it is typically imbedded perceptions, which automatically controls actions. They say life can turn on a dime, and in this instance just on a choke hold done probably many times before.
Anyone watching the video of Mr. Garner's arrest can clearly see that they are witnessing a murder. The young person who stood steadfastly by and calmly documented the event performed an important act of civic courage. Hopefully, the Mayor will be able to do the same and condemn this inexcusable loss of life, and hold those responsible fully accountable and prosecute them to the same extent as any other individual who takes a human being's life in this manner.
A person found committing a crime is fully capable of committing another simultaneously. The officer had a right to see all the cigarettes, the money paid for them and to see f he was carrying a weapon that is illegal under the Sullivan Law. This guy's noncooperation made all that impossible. If I am stopped for a driving violation the officer can ask to look in my trunk. If I refuse he can call for an instant warrant and force me to open it. Have you any idea how many drug busts or illegal firearms are made on a simple traffic stop on I-95?
Uh, a ticket would have addressed the issue. Having a recorded death of someone at the hands of a cop for a victimless crime doesn't even convince you of anything but this man was going to die anyway? We are all, newsflash. But maybe a natural death is preferred by most of us.
The city owes a BIG settlement on this one and the officer who did this deserves time in prison. Settlements get paid and people go to prison for a lot less than killing someone through willful wrong-doing. The guy was surrounded by police. He wasn't going anywhere nor were the police in any danger. There was no urgency to violate 20 years of standing orders that choke holds are not allowed nor is credible that this was just the heat of the moment.NYC, get ready to pay up and say goodbye for a long time to your bad cop.
Lego:" the police had reason to think he was acting illegally" Are you saying that If the police think you are acting illegally that they can accost , search, handcuff, and arrest you? Ok define "acting illegally". So NYPD's "Probable Cause" is based merely on a "thought", no complaint ,no evidence, no witnesses, only an arrest record? From an officer already accused of police abuses...
Totally agree with you, Jake. If a cop accuses you of committing a crime, even if he's wrong, he's right. In what universe is it a good idea to argue with cops and resist arrest? You just say "Yes sir," let them put the cuffs on you, and get a lawyer. If Eric Garner had done that, he'd still be alive.
In Sean Bell's case, he did not know they were police as they were undercover in unmarked cars. He believed he was in danger and tried to flee, which is not unreasonable.
From what I can tell, any action on your part, including reflexive guarding or defensive motions will be construed as resistance and be met with overwhelming force followed by criminal prosecution. If you are ever in the unfortunate situation of having a law enforcement officer lay hands on you, freeze and allow yourself to be beaten, shoved, fondled, manhandled, etc. Do not say anything. Do not do anything. Accept punishment and hope for the best. Imagine yourself a slave with absolutely no rights whatsoever and you will be able to behave appropriately.And if you have already submitted to authority and are quietly and calmly standing where you have been instructed, perhaps behind an orange mesh fence, it is still perfectly possible to be maced in the face by a passing officer. If this occurs, do not try to turn your face or ward off the spray with your arms. Accept punishment.
After I'd posted but too late to fix my remark, it occurred to me also that I should have included ALL of those cops -- and possibly the derelict EMTs as well -- as complicit in the death and good candidates for prison time.
The video shows a prevailing tactic of the NYPD. Bring aggression to a situation, escalate, wait for the moment the victim behaves mildly normal and defensive in the face of state oppression. Arrest accordingly. Rinse, repeat until submission achieved.
In light of this unfortunate scenario ending in a tragic death, one of the main questions is " how are police to reasonably subdue a person resisting arrest? "Despite what is seen on the video, and also what was not captured on the video minutes leading up to the incident, another question is, how much time and patience are the police to give a person resisting arrest acceptable to "public opinion" before any measures of force or other means are used to contain a person? Another aspect that may be wrongfully being judged by "public opinion" is the activity the person is partaking in and pleading they were not doing anything... Reasonable sense suggests that if you partake in illegal activity, one should be aware of the ramifications, however the "common sense" seems to be equating the "cause " and "effect" factor with out examining the entire picture....
@Jake: Wait, are you saying that you have to die when you don't comply with police officers' instructions? That this guy's death was justified because he didn't immediately follow the officers' directions? Let's not forget that the crime he was accused of was selling cigarettes, it's not like he put anyone's life in immediate danger! Really, unless you are a police officer Jake I can't understand where you come from. Not following police's orders justifies death, really? This would be something new and quite unique to any 1st world country. It would make us rank below any conceivable dictatorship..
Murder and homicide are two different things. The coroner's report said the man died from chest compression and prone positioning. I'm no expert, but the choke hold seemed to be applied incorrectly.
The guy's a mechanic. You don't go after a mechanic who does what he's told if you want to change the process. The order? Oh, it was given a long time ago, and you don't get to be a white shirt unless you obey the order.
An important and simple first step toward ending the entirely understandable mistrust of the police by the public and toward creating "a culture where the Police Department and the communities they serve respect each other" would be to end the double standard that allows members of the NYPD to park their cars illegally, routinely, flagrantly and with impunity in the city while civilians are ticketed and towed for the same violations. I do not mean to appear to be trivializing this awful homicide but surely the "broken windows" theory of policing has as much validity with respect to the police themselves as it does with respect to society broadly. If cops know that they can get away with illegally parking their cars, surely that is a gateway offense that leads irresistibly to taking bribes, planting evidence, and illegally using choke holds to subdue suspects in their crackdown against low-level, non-violent crimes such as selling untaxed cigarettes. There should be one set of laws that applies to everyone, and that includes - indeed, especially includes - those carrying badges. The culture that needs to change is the arrogance of the NYPD and the smug and confident belief among its members that they can get away with parking violations simply because they are the police and the laws that they are sworn to uphold apparently don't apply to them.
"... how else would you get this huge guy to the ground except a headlock?"There are numerous possible takedowns. With as many officers as were present, they could have done a two- or three-person takedown. If you watch the video carefully, you will see Officer D.D. literally run after Officer Chokehold and Mr. Garner, so it is clear that Officer Chokehold decided to act on his own instead of as part of an arrest team. https://en.wikipedia.org/wiki/Takedown_%28grappling%29See, also, books on martial arts and police arrest techniques.
You know with a population of 8 million people, majority living in lower social, political, economic areas; the rights of the people are not respected by law enforcement but also not by city hall. Residents of NYC should demand for a greater reform, that is, To break the city into smaller cities with their own elected Mayors, city council. That way they have a more direct representation to demand changes, hold political accountability, and change police behaviors and culture. When your just one guy in a city that big no one gives a damn. its just another police brutality case after another. unfortunately.