Fat Black Guy Dies After Police Place Him in Chokehold

[Townhallsavoy]

http://www.nytimes.com/2014/07/19/nyregion/staten-island-man-dies-after-he-is-put-in-chokehold-during-arrest.html?ref=nyregion

The 350-pound man, about to be arrested on charges of illegally selling cigarettes, was arguing with the police. When an officer tried to handcuff him, the man pulled free. The officer immediately threw his arm around the man’s neck and pulled him to the ground, holding him in what appears, in a video, to be a chokehold. The man can be heard saying “I can’t breathe” over and over again as other officers swarm about.

Now, the death of the man, Eric Garner, 43, soon after the confrontation on Thursday on Staten Island, is being investigated by the police and prosecutors. At the center of the inquiry is the officer’s use of a chokehold — a dangerous maneuver that was banned by the New York Police Department more than 20 years ago but that the department cannot seem to be rid of.

“As defined in the department’s patrol guide, this would appear to have been a chokehold,” the police commissioner, William J. Bratton, said at a news conference in City Hall on Friday afternoon.

He referred to police rules that forbid chokeholds and define them as including “any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”

The Civilian Complaint Review Board, an independent city agency that investigates allegations of police abuse, logged 233 allegations involving chokeholds in 2013, making up 4.4 percent of the excessive-force complaints it received. Although only a tiny fraction of the chokehold complaints that the agency receives are ever substantiated, the number of complaints has generally been rising.

A decade ago, when the review board was receiving a comparable number of force complaints, chokehold allegations were less frequent. They made up 2.3 percent of the excessive-force complaints in 2003, and no more than 2.7 percent in 2004.

“My throat was on his forearm,” one man who was arrested in Queens testified in April in an internal police disciplinary proceeding, describing how he “could barely breathe” after an officer allegedly placed him in a chokehold.

It is unclear if the chokehold contributed to the death on Thursday afternoon of Mr. Garner, who was at least 6 feet 3 inches tall and who, friends said, had several health issues: diabetes, sleep apnea, and asthma so severe that he had to quit his job as a horticulturist for the city’s parks department. He wheezed when he talked and could not walk a block without resting, they said.

Nonetheless, the use of a chokehold in subduing a large but unarmed man during a low-level arrest raises for Mr. Bratton the same questions about police training and tactics that he faced 20 years ago, in his first stint as New York City’s police commissioner.

In 1994, the year after the Police Department banned chokeholds, a man named Anthony Baez died in the Bronx after a police officer put him in a chokehold during a dispute over a touch football game.

At City Hall on Friday, Mr. Bratton said he did not believe that the use of chokeholds by police officers in New York City was a widespread problem, saying this was his “first exposure” to the issue since returning as police commissioner in January.

Mayor Bill de Blasio, standing next to Mr. Bratton, said, “Like so many New Yorkers I was very troubled by the video,” referring to a bystander’s recording of the incident, which was posted on the website of The New York Daily News. The two police officers who initially confronted Mr. Garner have been temporarily taken off patrol duty. The police declined to name the officers but said one of them had been on the force for eight years and the other for four years.

Late Friday, the mayor’s office announced that Mr. de Blasio was postponing his family’s departure on a planned vacation to Italy from Friday evening until Saturday. The postponement was to allow Mr. de Blasio to spend more time making calls to elected officials, community leaders and members of the clergy, and talking to the police, about Mr. Garner’s death, the mayor’s press secretary, Phil Walzak, said.

The encounter between Mr. Garner and plainclothes officers, from the 120th Precinct, began after the officers accused Mr. Garner of illegally selling cigarettes, an accusation he was familiar with. He had been arrested more than 30 times, often accused of selling loose cigarettes bought outside the state, a common hustle designed to avoid state and city tobacco taxes. In March and again in May, he was arrested on charges of illegally selling cigarettes on the sidewalk.

Photo

Community members gathered to pray in the Tompkinsville neighborhood where Mr. Garner died. Credit Robert Stolarik for The New York Times
For years, Mr. Garner chafed at the scrutiny by the police, which he considered harassment. In 2007, he filed a handwritten complaint in federal court accusing a police officer of conducting a cavity search of him on the street, “digging his fingers in my rectum in the middle of the street” while people passed by.

More recently, Mr. Garner told lawyers at Legal Aid that he intended to take all the cases against him to trial. “He was adamant he wouldn’t plead guilty to anything,” said Christopher Pisciotta, the lawyer in charge of the Staten Island office of Legal Aid.

Despite all the scrutiny from the police, most days Mr. Garner, a father of six, would stand on Bay Street, in the Tompkinsville neighborhood, his ankles visibly swollen, hawking loose Lucky cigarettes for 50 cents each.

On Thursday, when officers confronted him nearby and accused him of selling tobacco to a man in a red shirt, Mr. Garner reacted with exasperation, suggesting he was not going to cooperate. “I’m tired of it,” he said. “This stops today.”

“I didn’t do nothing,” Mr. Garner tells an officer. “Every time you see me, you want to harass me, you want to stop me.”

At one point he has his hands on his hips; at other points he is gesturing energetically. “Please just leave me alone,” he says. In the video, Mr. Garner can be seen crawling forward on the ground as an officer hangs on with his arm around Mr. Garner’s neck. Other officers surround Mr. Garner.

Soon, the officer releases his grip around Mr. Garner’s neck and, kneeling, presses Mr. Garner’s head into the sidewalk.

Mr. Garner was pronounced dead a short time later at Richmond University Medical Center.

Mr. Pisciotta, the Legal Aid lawyer who knew Mr. Garner as a frequent client, said he was struck by how quickly the officers resorted to putting “him into a chokehold,” perhaps in reaction to Mr. Garner’s formidable size.

Mr. Pisciotta said that Mr. Garner, however imposing his appearance, was “a gentle giant,” who was known for breaking up fights.

“To me it looks like they saw a mountain of a man and they decided to take him down using immediate and significant force,” Mr. Pisciotta said.

On Friday, a woman at Mr. Garner’s home, who identified herself as a cousin named Stephanie, said: “The family is very, very sad. We’re in shock. Why did they have to grab him like that?”

[AWK]

NB4Youdon'tknowshitaboutwarrantsandcopstuff.

[War Eagle!!!]

He shouldn't have died. And he died for no fucking reason.

But...

This is why you don't do stupid shit by arguing with the police and resisting arrest. He may have very well been right...but now he is dead right...

[Token]

I mean, some shit I just don't understand. Maybe I'm just not a good police officer.  Was the guy being a fucking moron?  Absolutely.  And I don't understand why some people, no matter what, have to argue and be unreasonable with any type of authority. But on the flip side, who gives a shit if he's selling cigarette's illegally? (If that's why they are attempting to arrest him).

Either way, that was absolutely a choke hold. Didn't apply it long, had already let go when the guy is saying he can't breathe. But was it enough to cause his death?  Autopsy will reveal it. And if it does, that guy is probably fucked.  Over a cigarette. Could have just told the guy to quit being a dick and left it at that. Bet he wishes he would have now, even if he won't admit it.

I'll stick to county policing. Because white county people know when to shut the fuck up.  They know how to admit to their felonious acts. And most importantly, they know when it's time to go to jail, it's time to go to jail.

[Token]

NB4Youdon'tknowshitaboutwarrantsandcopstuff.

I think imataxlawyergodamnit is normally the starting point for most thread expansions.

But I'll let vv tell me if I'm right about that.

[DnATL]

I mean, some shit I just don't understand. Maybe I'm just not a good police officer.  Was the guy being a fucking moron?  Absolutely.  And I don't understand why some people, no matter what, have to argue and be unreasonable with any type of authority. But on the flip side, who gives a shit if he's selling cigarette's illegally? (If that's why they are attempting to arrest him).

Either way, that was absolutely a choke hold. Didn't apply it long, had already let go when the guy is saying he can't breathe. But was it enough to cause his death?  Autopsy will reveal it. And if it does, that guy is probably fucked.  Over a cigarette. Could have just told the guy to quit being a dick and left it at that. Bet he wishes he would have now, even if he won't admit it.

I'll stick to county policing. Because white county people know when to shut the fuck up.  They know how to admit to their felonious acts. And most importantly, they know when it's time to go to jail, it's time to go to jail.

COUNTY LAW!!

[Vandy Vol]

I think imataxlawyergodamnit is normally the starting point for most thread expansions.

But I'll let vv tell me if I'm right about that.

Wrong.

[GH2001]

I mean, some shit I just don't understand. Maybe I'm just not a good police officer.  Was the guy being a fucking moron?  Absolutely.  And I don't understand why some people, no matter what, have to argue and be unreasonable with any type of authority. But on the flip side, who gives a shit if he's selling cigarette's illegally? (If that's why they are attempting to arrest him).

Either way, that was absolutely a choke hold. Didn't apply it long, had already let go when the guy is saying he can't breathe. But was it enough to cause his death?  Autopsy will reveal it. And if it does, that guy is probably fucked.  Over a cigarette. Could have just told the guy to quit being a dick and left it at that. Bet he wishes he would have now, even if he won't admit it.

I'll stick to county policing. Because white county people know when to shut the fuck up.  They know how to admit to their felonious acts. And most importantly, they know when it's time to go to jail, it's time to go to jail.

He died of a heart attack later....not sure what the chokehold in and of itself had to do with the cause of death. I mean he was almost 400 lbs. Wouldn't take much riling him up for his ticker to go kaboom. Was the chokehold probably wrong? Yeah, but to tie it to his death is just media sensationalizing right now. "Man dies after illegal CHOKEHOLD!!"  The outrage.

Im sure some other guy somewhere in the US died after shopping at Wal Mart and arguing with a stock clerk about an item. Doesn't mean it was them that caused it.

[jmar]

He died of a heart attack later....not sure what the chokehold in and of itself had to do with the cause of death. I mean he was almost 400 lbs. Wouldn't take much riling him up for his ticker to go kaboom. Was the chokehold probably wrong? Yeah, but to tie it to his death is just media sensationalizing right now. "Man dies after illegal CHOKEHOLD!!"  The outrage.

Im sure some other guy somewhere in the US died after shopping at Wal Mart and arguing with a stock clerk about an item. Doesn't mean it was them that caused it.

Certain chain of events have occured over something as insignificant as a tomato on a burger.

[GH2001]

Certain chain of events have occured over something as insignificant as a tomato on a burger.

"Avid KISS Fan and lover of Auburn Football, dies of stroke after heated argument stems from Tomato being on Hamburger in drive thru"

[jmar]

"Avid KISS Fan and lover of Auburn Football, dies of stroke after heated argument stems from Tomato being on Hamburger in drive thru"

Efforts to calm the incensed customer where unsuccessful and a full-on swat team had to subdue him.

[WiregrassTiger]

I mean, some shoot I just don't understand. Maybe I'm just not a good police officer.  Was the guy being a fudgeing moron?  Absolutely.  And I don't understand why some people, no matter what, have to argue and be unreasonable with any type of authority. But on the flip side, who gives a shoot if he's selling cigarette's illegally? (If that's why they are attempting to arrest him).

Either way, that was absolutely a choke hold. Didn't apply it long, had already let go when the guy is saying he can't breathe. But was it enough to cause his death?  Autopsy will reveal it. And if it does, that guy is probably fudgeed.  Over a cigarette. Could have just told the guy to quit being a richard and left it at that. Bet he wishes he would have now, even if he won't admit it.

I'll stick to county policing. Because white county people know when to shut the fudge up.  They know how to admit to their felonious acts. And most importantly, they know when it's time to go to jail, it's time to go to jail.

Translation: What Token is trying to say is, if you get caught doing anything by him, it's likely not anything that a dozen Krispy Crème won't take care of.

[dallaswareagle]

"Avid KISS Fan and lover of Auburn Football, dies of stroke after heated argument stems from Tomato being on Hamburger in drive thru"

Efforts to calm the incensed customer where unsuccessful and a full-on swat team had to subdue him.

And he was heard saying during the ruckus "You will not like the review I give you"

[DnATL]

And he was heard saying during the ruckus "You will not like the review I give you Meow"

[GH2001]

Medical Examiner ruled that the chokehold had almost EVERYTHING to do with this guy's death. So, I stand corrected and take the stance that this should NOT have happened.

Was it wrong to argue with police? Sure, but that doesn't mean he deserved to die. Especially if the cop was doing something he shouldn't have been in the first place (chokehold). Plain and simple - it shouldnt have escalated to what it did and its extremely unfortunate that some kids are without their dad over some untaxed cigarettes.

For the record, what he was actually doing doesn't really bother me. Bigger fish to worry about that some black dude selling cigs and not paying taxes on them. F--k taxes up the ass. Hows about we treat child molestors and sickos this way instead of people like this guy?

All this said - that cop is SCREWED in a major way.

[CCTAU]

Why are we seeing more incidents of law enforcement going rambo for small offenses. It is as if when you don't obey the commands, it's open season. this guy was evading taxes and selling without a license. Just write his ass a ticket, report him to the IRS and move on.

Let obummer worry about him.

[WiregrassTiger]

Why are we seeing more incidents of law enforcement going rambo for small offenses. It is as if when you don't obey the commands, it's open season. this guy was evading taxes and selling without a license. Just write his ass a ticket, report him to the IRS and move on.

Let obummer worry about him.

If more people would start whipping cops asses, there would be less of this. I have never hesitated to bitch slap a cop. A badge makes no difference to me. Don't have the audacity to flash your lights at me and ask me to see my license and registration. Let me see YOUR license and registration, bitch.

[Vandy Vol]

Why are we seeing more incidents of law enforcement going rambo for small offenses. It is as if when you don't obey the commands, it's open season. this guy was evading taxes and selling without a license. Just write his ass a ticket, report him to the IRS and move on.

Let obummer worry about him.

Had a friend in high school who was the starting running back.  Decent guy, but your stereotypical jock.

He became a police officer.  Saw a post from him on Facebook the other day that included a video of a police officer talking on his radio with another officer, who was informing him that a suspect was running his way.  The suspect rounds a corner and is just a few paces from the officer shown in the video.  The officer violently tackles him to the ground.

Now, I have no problem with how those events played out.  The officer merely subdued him and placed him under arrest.  The problem I have is with the comment that my friend made on the post: "This is what we live for."

Ideally, you should "live for" the idea of protecting and serving if you're going to become a police officer.  Your driving force or ultimate goal should not be to have the opportunity to physically punish people.  Yet, there are those types who become officers for that reason, or who develop that attitude shortly after becoming an officer.  And it's generally those types of people who wind up unnecessarily killing or injuring people, including other officers, because of their reckless attitude and desire to be the physically authoritative presence.

[Godfather]

Had a friend in high school who was the starting running back.  Decent guy, but your stereotypical jock.

He became a police officer.  Saw a post from him on Facebook the other day that included a video of a police officer talking on his radio with another officer, who was informing him that a suspect was running his way.  The suspect rounds a corner and is just a few paces from the officer shown in the video.  The officer violently tackles him to the ground.

Now, I have no problem with how those events played out.  The officer merely subdued him and placed him under arrest.  The problem I have is with the comment that my friend made on the post: "This is what we live for."

Ideally, you should "live for" the idea of protecting and serving if you're going to become a police officer.  Your driving force or ultimate goal should not be to have the opportunity to physically punish people.  Yet, there are those types who become officers for that reason, or who develop that attitude shortly after becoming an officer.  And it's generally those types of people who wind up unnecessarily killing or injuring people, including other officers, because of their reckless attitude and desire to be the physically authoritative presence.

HEY...don't be all pissy because you were to short for the Academy. 

[AUJarhead]

HEY...don't be all pissy because you were to short for the Academy.

Cadet Sweetchuck?