Mornin Joko. :2wave: Resisting arrest.....they already acknowledged that Garner knocked the one officers arms away.
Good morning to you too.
Knock the officer's arm away isn't resisting arrest.
The requirement for resisting arrest is first the person is told s/he is under arrest. I have yet to see that he was. In fact, all accounts I have read including what the officer said was that he was trying to detain Garner for an investigation of selling cigarettes illegally. Detaining someone is not the same as arresting someone, and again first he had to be told he was being detained before he could be resisting detainment.
IF that standard is met - telling him - only then do you reach the question of what may an officer do it a person is resisting arrest.
IF that had been done and if he was "resisting" - comes the question of what to do next. What about sneak up behind him and hit him in the head with a club? What about the other officer kicking him in the groin? Jabbing him in the eyes?
What was done was an officer snuck up behind him and jumped up on his back by surprise, with his arm around Garner's throat. To no surprise, Garner stumbled backwards, pressing the officer against a pane of glass - for which that officer now not only was endangering Garner's life, but his own. According to the officer, at that point he began a choke hold fearing for his own life that the window pane would break. Of course, that also meant there was fear to fear for Garner's life from that glass too.
From there other officers rushed Garner.
Jumping on Garner's back and with an arm around his neck was a violent, physical assault. The question then being was it a legal violent physical assault? It is acknowledged his assault was in violation of well known police policy. Violating police policy isn't a crime, but it does challenge whether he was rightly acting as a police officer. That policy prohibited assault - according to the officer - immediately endangered his own life and that of Garner. Ultimately, the coroner (an expert and not an anti-police person) rules on an autopsy that this assault's choke hold is what killed Garner. Thus, the officer's surprise assault from behind - an assault contrary to police policy - was a lethal assault.
it is from that the call for manslaughter/murder charges were called for by many people. I don't agree. I think the officer should have been charged with reckless endangerment and official oppression. Reckless endangerment because his police policy prohibited assault endangers his and Garner's life by the officer's own statement. Since this violated departmental policy and was an assault, he was wrongly acting under the color of his uniform/badge.
Anyway, that's my opinion.