“it must be civil rights for all or there is none for anyone at anytime”
In the video of Officer Pantaleo and Mr Garner, what I see, is an individual approached by police officers and has a “who me” moment and then starts to panic. Officer Pantaleo pre-emptively reacts and, along with 4 other officers proceeds to subdue what would now be assumed to be a suspect of a crime
My analysis would be that Officer Pantaleo failed to properly assess his suspect for possible medical conditions – big people like Mr. Garner very often having breathing problems (I am such a person). Officer Pantaleo then made a second mistake, opting to use a chokehold.
The chokehold, per New York Police Department Patrol Guide, 2004 Edition, is prohibited
Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.
So while not intending to cause another person’s death, through poor judgement and the unauthorized (illegal) use of a trained technique, the choke hold (think of how boxers and martial artists are considered deadly weapons), Officer Pantaleo caused the death of another person.For anyone else, that is referred to as Involuntary Manslaughter.
Officer Pantaleo has denied using a chokehold, but yet, he obviously has his arm around Mr Garner’s neck in a fashion that would cause breathing problems.
And as I remember it, Officer Pantaleo stated he had been taught the chokehold at the Police Academy, which is either a lie, since he was a 8 year veteran and the chokehold was prohibited 2 years before he was at the Academy, or there is unauthorized training occurring at the Academy
It should be noted that Garner’s cause of death has yet to be determined, but, now, will anyone believe any result? As much as I hate the Holder DOJ, this is the sort of thing the DOJ is suppose to be about, establishing unbiased facts. But will the NYPD officers believe the DOJ
Some will argue Mr Garner should of submitted and faced the courts. But in viewing the video, I don’t see that he was really given that chance. And Officer Pantaleo should’ve been more aware of the atmosphere given the Ferguson overflow.
Was Mr Garner going to attack Officer Pantaleo? I cannot address that point.
That is something that only those there can speak to.
Was Officer Pantaleo in such danger, with 4 fellow officers there to help subdue Mr Garner, that he had to use unauthorized methods to subdue Mr Garner
Having chosen to proceed as he did, Officer Pantaleo stepped out from underneath the indemnification from prosecution he deserves from the city as a police officer doing his duty and thus engaged in excessive force?
He should of been brought up on charges by the department for violation of policy leading to the death of a person and referred to the New York District Attorney for prosecution.
But that got muffed and it went to a Grand Jury, which is a one-sided affair and can be used, easily, to get the result desired – and everyone knows this and wonders at justice being blind.
From there it only gets worse.
The Police Benevolent Association jumped on Mayor DeBlasio’s case for not giving Officer Panteleo his unconditional support. The Mayor is there for the whole city, not just one part. It is the job of the police commissioner to be there for the officers of the NYPD.
So yeah, city hall screwed up. But the PBA failed their members AS A WHOLE. Their failure to say, yes, Officer Pantaleo violated policy and someone died for it, is a contributing factor to the assassination of two officers killed. Stand by one to the exclusion of the others and everyone loses. Good cops know what happens with just the hint of suspicion of a bad, or in this case, a cop with poor judgement, they lose street respect and become targets.
Justice and due process did not happen and people died for the sins of others.
How do you think the officers of the NYPD will be now? You think they will be afraid and cower or run? Afraid, yes, for their lives at the least provocation and civilians will die, people innocent of anything but being in the wrong place and doing something an officer thinks that puts his life at risk.
Generally police officers only associate with each other. They do that to avoid people asking favors and because only fellow officers understand. But this “inbreeding” only reinforces the perception of danger an officer faces.
The Mayor let down the citizens, the Police Commissioner let down the department and the PBA let down it’s members.
I am by no means a liberal but incidents like this should remind everyone that, “Not only must Justice be done; it must also be seen to be done” because our system exists only as long as people are willing to make it work.
It is not, what a lawyer tells me I may do; but what humanity, reason, and justice, tells me I ought to do.
Edmund Burke: 1775 On Conciliation with America.
Injustice anywhere is a threat to justice everywhere.
King, Martin Luther, Jr.: 1963 Letter from Birmingham jail, Alabama,16 Apr.
Justice is truth in action.
Disraeli, Benjamin, 1st Earl Of Beaconsfield: 1851 Speech, House of Commons,11 Feb.