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Thread: No Indictment in Chokehold Death [W:1903,2680]

  1. #1061
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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by MaggieD View Post
    I don't think you're right. You cannot be guilty of resisting arrest if you don't know you're under arrest.
    Actions are enough.

    http://www.nytimes.com/1996/12/01/ny...er-arrest.html
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by roguenuke View Post
    Show the exact law and requirement. What has to be said, specifically. I could be wrong, but I've been seeing plenty of support for what I said, specifically in a situation like this. Does a law say it has to be before the cuffs come out? What are the exact requirements?
    Eh... you said police don't have inform people of their arrests. Now, you're being asked to show the basis of your statement. I know the answer for NYC already, but I want you to look it up. I'll give you a clue as to the rules of the game: practicality. Now find the rest.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by roguenuke View Post
    You don't know that. You are assuming. Maybe there was and maybe there wasn't. But it is not able to be determined from that video.
    I know that from the video I watched and the words they spoke. If you don't hear them talking and see their respective behaviors, then I doubt you watched the video at all.

    What are you basing your assumptions on that the police has reason to detain him? Simply trying to grab him is enough reason to detain? OR do you have some additional information that no one else here has?
    A man without fear is a fool, a man that succumbs to his fear is a coward and a brave man acknowledges fear yet presses on.
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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by roguenuke View Post
    Actions are enough.
    Oh, please. Why even bother to post something? "Actions are enough." WTF does THAT mean? "You should have known when I touched your arm that I was placing you under arrest." For heaven's sake. At least be logical in your argument.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

  5. #1065
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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by CMPancake View Post
    You're missing the point.

    Choking someone can be lethal as you stated. Just because he didn't have the five minutes to kill Garner doesn't mean the force he used can be considered lethal.
    You are having a serious problem with your positive and negative tags. It's hard to gather what you are saying.

    But no, a 13 second choke hold can't be considered lethal. As I said before, the only way a 13 second choke can be considered lethal is if it crushed the windpipe in the process making it impossible to breathe even when the neck isn't compressed. The coroner report showed no signs of damage to the windpipe or vertebrae of the neck so the choke hold was about as "lethal" as holding your breath for 13 seconds.
    Give a man a fish and he eats for a day. Teach a man to fish and he stops voting for the Free Fish party.

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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by roguenuke View Post
    Please show in what actions lead to the arrest. Or are you simply talking out of your ass.
    A man without fear is a fool, a man that succumbs to his fear is a coward and a brave man acknowledges fear yet presses on.
    http://soulinblackandwhite.blogspot.com/

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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by roguenuke View Post
    So say for example, an off duty cop who hasn't identified himself decides to place somebody under arrest without informing them of the fact. That person decides that they're being attacked, pulls out a gun and shoot the cop, is the person guilty of murder or self defense?

    What you're essentially arguing is that person X in cop uniform could come and put handcuffs on you, and you'd allow it... because they don't have to inform you as to what is happening or the reason why you're being placed in handcuffs....

    That's kinda.... I dunno... devoid of connection with the real world.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  8. #1068
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    No Indictment in Chokehold Death

    Quote Originally Posted by MMC View Post
    Yeah I sure do. Did you know some people make more out of what really happened than what did?

    Did you know the majority of cops don't abuse their power?

    Do the majority of cops try to kill people breaking laws?
    Are you going to post anything even remotely germane to this specific incident?
    Freedom of speech is not freedom from criticism.

  9. #1069
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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by Henrin View Post
    Is it supposed to be ironic that this all started when Garner broke up a fight? How is breaking up a fight grounds to start an investigation into untaxed cigarettes?

    I'll have to remember that trouble I got into as a teenager might be a problem if I ever decide to break up a fight. If I do I might just find myself getting arrested for drugs.

    I don't know about you, but this looks a lot like the cops were trying to start trouble.
    Didn't the breaking up of a fight narrative come from his friend that filmed the video as part of his commentary on the video? There is no video showing a fight. Are you absolutely sure that it even happened? Like how accurate was "hands up" "don't shoot"? According to what I read, Garner had just got busted by an undercover cop, who may have had video/audio of Garner showing his guilt to warrant an arrest and called for uniform police officers to make the arrest for the same thing he was out on bail for awaiting trial, along with other multiple charges. After all he was a very big man. If that were the case, the Grand Jury would have been informed of it.

    Look I am not going to condone the chokehold. The officer was wrong in not following NYPD protocol. But did it measure up to what he was being accused? The Grand Jury after weighing all the evidence said no.

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    Re: No Indictment in Chokehold Death

    Quote Originally Posted by roguenuke View Post
    Next time don't quote the New York Times for information about the legality or illegality of detention by a police officer:

    Here's the New York State statute:

    S 140.15 Arrest without a warrant; when and how made by police officer.

    1. A police officer may arrest a person for an offense, pursuant to
    section 140.10, at any hour of any day or night.

    2. The arresting police officer must inform such person of his
    authority and purpose and of the reason for such arrest unless he
    encounters physical resistance, flight or other factors rendering such
    procedure impractical.


    3. In order to effect such an arrest, such police officer may use
    such physical force as is justifiable pursuant to section 35.30 of the
    penal law.
    Article 140 Criminal Procedure Law - Arrest Without Warrant
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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