The Law, Eric Garner, And The Truth

On July 17, 2014, Eric Garner, a 43-year-old African-American man, was killed by a New York Police Department officer, Daniel Pantaleo, who put him in a prohibited chokehold while arresting him. The incident, which was captured on video, raised questions about the use of force by law enforcement and sparked protests and rallies across the nation. So, was Eric Garner breaking the law?

Was Eric Garner selling untaxed cigarettes?

On July 17, 2014, Eric Garner was killed by a New York Police Department (NYPD) officer, Daniel Pantaleo, who put him in a prohibited chokehold while arresting him. The officers approached Garner on suspicion of selling single cigarettes from packs without tax stamps, otherwise known as "loosies".

Garner told the police that he was tired of being harassed and that he was not selling cigarettes, but the officers attempted to arrest him anyway. Video footage of the incident shows Garner pulling his arms away from Pantaleo, who then placed his arm around Garner's neck and wrestled him to the ground. Garner repeated the words "I can't breathe" 11 times while lying face down on the sidewalk.

Garner had been arrested by the NYPD more than 30 times since 1980 on charges such as assault, resisting arrest, and grand larceny. According to an article in The New York Times, many of these arrests were for allegedly selling unlicensed cigarettes. In March 2014, he was arrested for selling untaxed cigarettes.

During the disciplinary trial of Pantaleo, Officer Justin D'Amico, who was involved in the struggle that led to Garner's death, testified that he had filled out arrest papers listing a felony tax charge that would have required prosecutors to prove Garner had sold 10,000 untaxed cigarettes. However, D'Amico acknowledged that the felony charge was incorrect, as Garner had fewer than 100 cigarettes in his possession at the time of his death. Garner was ultimately posthumously charged with two misdemeanors: resisting arrest and selling untaxed cigarettes.

In summary, while Garner was suspected of selling untaxed cigarettes, the number of cigarettes he was carrying at the time of his death was fewer than 100, which would not support a felony charge.

Was Eric Garner resisting arrest?

On July 17, 2014, Eric Garner, a 43-year-old African American man, was killed in New York City by Daniel Pantaleo, a New York City Police Department (NYPD) officer. Garner's death sparked protests and rallies across the nation, with charges of police brutality made by protesters.

On the day of his death, Garner was approached by NYPD officers on suspicion of selling single cigarettes from packs without tax stamps. Garner told the police that he was tired of being harassed and that he was not selling cigarettes. When Pantaleo placed his hands on Garner, Garner pulled his arms away. Pantaleo then placed his arm around Garner's neck and wrestled him to the ground. With multiple officers pinning him down, Garner repeated the words "I can't breathe" 11 times while lying face down on the sidewalk.

Garner had been arrested by the NYPD more than 30 times since 1980 on charges such as assault, resisting arrest, and grand larceny. Many of these arrests were for allegedly selling unlicensed cigarettes. However, in the case of his death, Garner maintained that he was not selling cigarettes and that he was tired of being harassed by the police.

Video footage of the incident shows that Garner pulled his arms away from Pantaleo and said, "Don't touch me, please" when the officer attempted to handcuff him. It is important to note that resisting arrest does not justify the use of excessive force by law enforcement. In this case, Pantaleo used a prohibited chokehold on Garner, which was a violation of NYPD rules.

The Impact of Eric Garner's Death

Garner's death sparked widespread national attention and raised questions about the use of force by law enforcement. The medical examiner ruled Garner's death a homicide, specifically citing the "[compression] of neck, compression of chest and prone positioning during physical restraint by police" as the cause. Asthma, heart disease, and obesity were also cited as contributing factors.

A grand jury decided not to indict Pantaleo, which stirred public protests and rallies across the nation. The decision not to indict was met with outrage and led to demonstrations against police brutality and the lack of indictment. On August 2, 2019, an administrative judge recommended that Pantaleo's employment be terminated, and he was fired by the NYPD on August 19, 2019, more than five years after Garner's death.

Was the chokehold used by Daniel Pantaleo illegal?

On July 17, 2014, Eric Garner, an African-American man, was killed in the New York City borough of Staten Island by Daniel Pantaleo, a New York City Police Department (NYPD) officer. Pantaleo put Garner in a chokehold while arresting him, which was prohibited by NYPD regulations. The chokehold is widely believed to have caused Garner's death, as he was recorded repeatedly saying "I can't breathe" before losing consciousness and later being pronounced dead at a hospital.

Video footage of the incident sparked widespread national attention and protests, with many questioning the use of force and police brutality. Despite this, a grand jury decided not to indict Pantaleo, which further fuelled public outrage and demonstrations. It wasn't until August 2019, more than five years after Garner's death, that Pantaleo was finally fired from the NYPD.

So, was the chokehold used by Daniel Pantaleo illegal? Chokeholds were banned by the NYPD as early as 1993. By placing Garner in a chokehold, Pantaleo violated the rules he was bound to as a police officer, and he did not have the authority to use that level of force. Therefore, the chokehold used by Pantaleo was illegal.

In addition to violating NYPD policy, Pantaleo's actions also had severe consequences for Garner's health and well-being. The medical examiner ruled Garner's death a homicide, specifically citing the "compression of [the] neck, compression of chest and prone positioning during physical restraint by police" as the cause. This, along with asthma, heart disease, and obesity, were listed as contributing factors to Garner's death.

During a disciplinary hearing in 2019, NYPD Deputy Commissioner of Trials Rosemarie Maldonado found that Pantaleo's use of a chokehold "fell so far short of objective reasonableness" that it was reckless and a gross deviation from the standard of conduct expected of a New York City police officer. This assessment led to the decision to terminate Pantaleo's employment with the NYPD.

Did Eric Garner die as a result of the chokehold?

On July 17, 2014, Eric Garner, a 43-year-old African-American man, was killed in New York City after Daniel Pantaleo, an NYPD officer, put him in a prohibited chokehold while arresting him. The chokehold was used after Garner pulled his arms away when Pantaleo placed his hands on him. With multiple officers pinning him down, Garner repeated the words "I can't breathe" 11 times while lying face down on the sidewalk. After Garner lost consciousness, he remained lying on the sidewalk for seven minutes while the officers waited for an ambulance to arrive. Garner was pronounced dead at a hospital approximately one hour later.

The medical examiner ruled Eric Garner's death a homicide. Specifically, an autopsy indicated that Garner's death resulted from "compression of neck, compression of chest and prone positioning during physical restraint by police". Asthma, heart disease, and obesity were cited as contributing factors.

Cellphone videos taken by bystanders of the incident sparked a national outcry over policing tactics used against black men. Garner's dying refrain of "I can't breathe" became a rallying cry in the early days of the Black Lives Matter movement.

In 2019, an NYPD judge overseeing a disciplinary hearing recommended to New York Police Department Commissioner James O'Neill that Pantaleo be fired. According to New York Police Department Administrative Judge Rosemarie Maldonado, video evidence and autopsy results provided "'overwhelming'" evidence that Pantaleo had placed Garner in a chokehold. In her recommendation to the Commissioner, Judge Maldonado found that Pantaleo's "'use of a chokehold fell so far short of objective reasonableness that this tribunal found it to be reckless — a gross deviation from the standard of conduct established for a New York City police officer.'"

On August 19, 2019, O'Neill terminated Pantaleo's employment with the New York Police Department, stating that it would not be possible for Pantaleo to serve effectively, and that Pantaleo's decision to maintain the chokehold on the ground is what led to his firing.

Should Daniel Pantaleo have been charged with a crime?

On July 17, 2014, Eric Garner, a 43-year-old African American man, was killed in New York City by Daniel Pantaleo, a New York City Police Department (NYPD) officer. The incident occurred when NYPD officers approached Garner on suspicion of selling single cigarettes from packs without tax stamps. Garner told the police that he was tired of being harassed and that he was not selling cigarettes. However, the officers attempted to arrest him, and Pantaleo placed his arm around Garner's neck and wrestled him to the ground. Garner repeated the words "I can't breathe" eleven times while lying face down on the sidewalk. After Garner lost consciousness, he remained lying on the sidewalk for seven minutes while the officers waited for an ambulance to arrive. He was pronounced dead at a hospital approximately one hour later.

The medical examiner ruled Eric Garner's death a homicide, specifically indicating that his death resulted from "compression of neck, compression of chest and prone positioning during physical restraint by police". Additionally, asthma, heart disease, and obesity were cited as contributing factors.

In the aftermath of the incident, a grand jury decided not to indict Pantaleo, sparking public protests and rallies across the nation. While Pantaleo was not indicted, he faced disciplinary action within the NYPD. He was initially placed on desk duty and stripped of his service handgun and badge. In 2019, an administrative judge recommended that Pantaleo's employment be terminated, and he was subsequently fired.

Given the circumstances of the case, there are arguments both for and against charging Daniel Pantaleo with a crime. On the one hand, some may argue that Pantaleo should have been charged with a crime due to the use of a prohibited chokehold during the arrest, which was a direct violation of NYPD regulations. The chokehold was identified as a contributing factor in Garner's death, and the failure to indict Pantaleo sparked widespread protests and rallies, with charges of police brutality made by protesters.

On the other hand, others may argue that Pantaleo should not have been charged with a crime as the grand jury did not find sufficient evidence to support criminal charges. Additionally, Pantaleo's lawyers and police union officials argued that he did not use a chokehold but rather a NYPD-taught takedown move because Garner was resisting arrest. They also defended the decision not to perform CPR on Garner, stating that he was still breathing on his own.

Ultimately, the decision on whether to charge Pantaleo with a crime is complex and involves legal, ethical, and societal considerations. While the use of a prohibited chokehold and the resulting death are certainly concerning, the lack of indictment by the grand jury and the subsequent legal proceedings suggest that there may not have been sufficient evidence to support criminal charges. The case highlights the ongoing debate surrounding police use of force and the need for accountability and trust between law enforcement and the communities they serve.

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