Re: No Indictment in Chokehold Death
As a matter of policy the NYPD prohibits the use. So the answer would be no they cannot. However because it isn't illegal for them to use one a criminal proceeding based solely on the choke-hold will go nowhere.
Therein lies the technical accuracy of the situation. I personally think a chokehold is terrible, and they shouldn't use it for a reason. But from a legal perspective, it isn't illegal. It's a policy issue. The NYPD should release him from any additional affiliation with them for breaking their policy which according to my BIL is something that the cop as well as the other cops should have known by second nature.
From a legal standpoint, hitting or kicking someone isn't illegal. Only illegally kicking or hitting someone is illegal. From a legal standpoint, chocking someone isn't illegal. Illegally chocking someone is illegal.
Here is what mattered:
The city medical examiner has ruled the death of Eric Garner, the 43-year-old father whose death in police custody sparked national outrage, a homicide, saying a chokehold killed him.
The medical examiner said compression of the neck and chest, along with Garner's positioning on the ground while being restrained by police during the July 17 stop on Staten Island, caused his death.
What was not considered were other criminal charges - and to be DRAMATIC!!!! and talk ONLY in ABSOLUTE EXTREMES - nor does anyone else it seems (but me) consider other possible charges than murder/manslaughter. Two officers committed criminal offenses against Garner - one a felony and the other a misdemeanor. But not manslaughter/murder in my opinion.
In my opinion, the officer who snuck up behind him and jumped up on his back with a chock hold committed felony reckless endangerment and felony assault. The Officer (#99) who held Garner's head with his body weight against the concrete committed misdemeanor assault.
Not only was the surprise assault from the rear illegal for the chock hold as an unlawful assault against Mr. Garner, but also because of the predictable result of Garner with this surprise and over 150 pounds suddenly on his back pulling him backwards caused him and the officer pressed against a large sheet of glass - which the officer stated caused him to fear for his life (though expressed no fear of Garner getting seriously or fatally cut) - and that danger then forced the other officers to quickly join in - also endangering them too.
The sneak assault from behind is what caused and escalated this - and that action of his endangered the life of everyone involved - including himself and Garner, but also the other officers. As it was life threatening and - if fact - was the primary factor in Garner's death - it is felony reckless endangerment. It wasn't just a punk-bully thing to do, it was a felony.
Shoving Garner's head into the concrete was unnecessary, but was only a misdemeanor assault.