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No indictment in NYPD chokehold death (1 Viewer)

According to Section 15.05 of the Penal Code, a person acts "recklessly" with respect to a result or circumstance when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."
So if I were to come up with an explanation off the top of my head, grand jury may have felt that the this guy dropping dead was not a foreseeable risk that the officer would have been aware of and thus disregarded.

His thinking would have to be something like: "If I chokehold this guy, he could die, but I'm going to do it anyway."

Again, just off the top of my uninformed head. Maybe a lawyer will check in.

 
I think this is a sad situation, but protesters are typically the dumbest of the dumb.

They tried to disrupt the tree lighting ceremony; http://nypost.com/2014/12/03/protests-against-nypd-chokehold-decision-begin/

I understand you want to get your message across, but a place like that with families and little children, how ####### stupid are you? There should be a 3 strike protester law. You get arrested 3x while protesting you're sent to Indochina.
That's not smart.

But keep in mind that it's when peaceful protests are curtailed that violent protests inevitably erupt.
Oh, you mean like the peaceful Ferguson protests?
Actually yes. A good deal of the rioting there was caused by the way the Ferguson police initially treated the first group of peaceful protestors during the first week following the shooting.

 
What happened?
Man approached by undercover officers who notice the man selling loose cigarettes. This violates the tax code as the loose cigs are not taxed. Police attempt to arrest or cite, man refuses, cops escalate rather than defuse situation then place an unauthorized per NYPD policy choke hold on man who proceeds to have a heart attack while gasping that he can't breathe. Man dies at scene. Coroner rules death due to neck compression and compression of chest due to being wieghed down while on the side walk. Police waited seven minutes to call for emts. Death ruled a homocide. Case goes before grand jury which does not indict.
And what a load of crap that is, too. Violates the tax code? I work with dozens of liquor stores and tobacco shops, and I don't know a single one who accurately reports their sales.
How many liquor stores and tobacco shops do you frequent?Cashing payroll checks?
Any retail business that is cash heavy is unlikely to accurately report sales to the government.
Unlikely?

Thats enough evidence for me.

 
I think this is a sad situation, but protesters are typically the dumbest of the dumb.

They tried to disrupt the tree lighting ceremony; http://nypost.com/2014/12/03/protests-against-nypd-chokehold-decision-begin/

I understand you want to get your message across, but a place like that with families and little children, how ####### stupid are you? There should be a 3 strike protester law. You get arrested 3x while protesting you're sent to Indochina.
I'm sorry, but you are dead wrong. When you want to be heard you do not announce your protest in a most genteel manner so as not to disrupt Joe Schmoes life. Instead you rattle the can and blare the horn and make everyone notice you and your protest.

 
What happened?
Man approached by undercover officers who notice the man selling loose cigarettes. This violates the tax code as the loose cigs are not taxed. Police attempt to arrest or cite, man refuses, cops escalate rather than defuse situation then place an unauthorized per NYPD policy choke hold on man who proceeds to have a heart attack while gasping that he can't breathe. Man dies at scene. Coroner rules death due to neck compression and compression of chest due to being wieghed down while on the side walk. Police waited seven minutes to call for emts. Death ruled a homocide. Case goes before grand jury which does not indict.
And what a load of crap that is, too. Violates the tax code? I work with dozens of liquor stores and tobacco shops, and I don't know a single one who accurately reports their sales.
How many liquor stores and tobacco shops do you frequent?

Cashing payroll checks?
Any retail business that is cash heavy is unlikely to accurately report sales to the government.
Cool. So what?

 
I think this is a sad situation, but protesters are typically the dumbest of the dumb.

They tried to disrupt the tree lighting ceremony; http://nypost.com/2014/12/03/protests-against-nypd-chokehold-decision-begin/

I understand you want to get your message across, but a place like that with families and little children, how ####### stupid are you? There should be a 3 strike protester law. You get arrested 3x while protesting you're sent to Indochina.
I think that's in the first Amendment. "Abridging the freedom of speech, or the freedom of the press, or the right of the people peaceably to assemble, excepting that if one does assemble peaceably and assert such freedom of speech thrice, one shall be sent to Indochina."
 
I think this is a sad situation, but protesters are typically the dumbest of the dumb.

They tried to disrupt the tree lighting ceremony; http://nypost.com/2014/12/03/protests-against-nypd-chokehold-decision-begin/

I understand you want to get your message across, but a place like that with families and little children, how ####### stupid are you? There should be a 3 strike protester law. You get arrested 3x while protesting you're sent to Indochina.
I'm sorry, but you are dead wrong. When you want to be heard you do not announce your protest in a most genteel manner so as not to disrupt Joe Schmoes life. Instead you rattle the can and blare the horn and make everyone notice you and your protest.
YEA!!! TAKE THAT MESSAGE TO THE FAMILIES WITH LITTLE CHILDREN WITH THEM OUT FOR A CHRISTMAS TREE LIGHTING!!

That's how you win the public over, ####### brilliant.

 
I think this is a sad situation, but protesters are typically the dumbest of the dumb.

They tried to disrupt the tree lighting ceremony; http://nypost.com/2014/12/03/protests-against-nypd-chokehold-decision-begin/

I understand you want to get your message across, but a place like that with families and little children, how ####### stupid are you? There should be a 3 strike protester law. You get arrested 3x while protesting you're sent to Indochina.
I think that's in the first Amendment. "Abridging the freedom of speech, or the freedom of the press, or the right of the people peaceably to assemble, excepting that if one does assemble peaceably and assert such freedom of speech thrice, one shall be sent to Indochina."
You're smarter than this... Trying to rush the tree and interrupt a tree lighting isn't assembling peacefully. It's moronic.

 
Haven't done a ton of reading yet, but thus far it looks like a horrible case of poor judgment and overuse of force by the police. It also looks like a horribly stupid directive put out by the State to enforce the selling of "loosie's". Seems like they should have just issued the guy a citation, akin to a parking ticket.

 
I think this is a sad situation, but protesters are typically the dumbest of the dumb.

They tried to disrupt the tree lighting ceremony; http://nypost.com/2014/12/03/protests-against-nypd-chokehold-decision-begin/

I understand you want to get your message across, but a place like that with families and little children, how ####### stupid are you? There should be a 3 strike protester law. You get arrested 3x while protesting you're sent to Indochina.
I'm sorry, but you are dead wrong. When you want to be heard you do not announce your protest in a most genteel manner so as not to disrupt Joe Schmoes life. Instead you rattle the can and blare the horn and make everyone notice you and your protest.
No, the protesters are idiots. They are blocking ambulances. They are disrupting an affair that has 0 to do with what they are protesting.

If they were protesting on Staten Island I could understand it, but no one wants to go to Staten Island other than shady.

News showed the people at the tree all happy with their families, then a bunch of stinky hipsters blocking the Lincoln and the WSH. I know which group is having a better evening.

 
According to Section 15.05 of the Penal Code, a person acts "recklessly" with respect to a result or circumstance when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."
So if I were to come up with an explanation off the top of my head, grand jury may have felt that the this guy dropping dead was not a foreseeable risk that the officer would have been aware of and thus disregarded.

His thinking would have to be something like: "If I chokehold this guy, he could die, but I'm going to do it anyway."

Again, just off the top of my uninformed head. Maybe a lawyer will check in.
One question that may have been answered had this case gone to court was why exactly did the NYPD disallow the use of the choke hold? The fact that the officer went against policy is one reason many assumed an indictment was imminent.

 
Haven't done a ton of reading yet, but thus far it looks like a horrible case of poor judgment and overuse of force by the police. It also looks like a horribly stupid directive put out by the State to enforce the selling of "loosie's". Seems like they should have just issued the guy a citation, akin to a parking ticket.
It's residual Bloomberg hiking the cig taxes. You want to talk about a racist/anti-poor policy. It's a pack of smokes going for 15 bucks.

 
Haven't done a ton of reading yet, but thus far it looks like a horrible case of poor judgment and overuse of force by the police. It also looks like a horribly stupid directive put out by the State to enforce the selling of "loosie's". Seems like they should have just issued the guy a citation, akin to a parking ticket.
It's residual Bloomberg hiking the cig taxes. You want to talk about a racist/anti-poor policy. It's a pack of smokes going for 15 bucks.
Who will think of the smokers?!?!?!

 
According to Section 15.05 of the Penal Code, a person acts "recklessly" with respect to a result or circumstance when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."
So if I were to come up with an explanation off the top of my head, grand jury may have felt that the this guy dropping dead was not a foreseeable risk that the officer would have been aware of and thus disregarded.

His thinking would have to be something like: "If I chokehold this guy, he could die, but I'm going to do it anyway."

Again, just off the top of my uninformed head. Maybe a lawyer will check in.
The part that gets me is the "gross deviation from the standard of conduct". If the grand jury knew the chokehold was illegal and there a deviaton from standard conduct, how could they not classify his action as "reckless" and therefore culpable of manslaughter?

 
Just watched the video for the first time. While not aggressive, he was belligerent. And while he didn't fight them, he was resisting arrest.

So what are the police supposed to do in this situation? They are there to uphold the law and have seen this guy break the law (no matter how minor you think it is). So this guy breaks the law and then refuses to cooperate. What then? Talk him to death? Negotiate for hours with a 400 lb man? They try to arrest him and he resists. What then?

So you clearly see that they attempt to put cuffs on him and he jerks away. At that point they are allowed to subdue the person they are trying to arrest. While the choke hold is no longer approved, it was likely part of the training at some point. Once you start grappling with a 400 lb dude, it may be hard to remember exactly which subduing moves are permissible and which ones are. Likely he just went to his instincts to gain control of the situation.

 
I cut officers a ton of slack when it comes to apprehending criminals. I think they should approach situations always thinking people have the worst intentions. It is truly the only way to ensure their own safety. I don't even take issue with the "illegal chokehold". If you are trying to arrest somebody and they are resisting, that should put you on ultra high alert and you should be very concerned.

I do take serious issue though with the fact that they just sit there and let the man die after they have full control of the situation. Once you have a man pinned down by several officers and handcuffed you can easily verify he is unarmed and maintain the upper hand at all times. At that point the concern for safety needs to shift to the vulnerable party.
I'm guessing this post won't generate much feedback as it makes too much sense and is far too reasonable.

 
When a police officer tells you to do something, do it. How ####### hard is it?
People are ####### fed up with over policing and excessive use of force. Police need to use judgment in maintaining the peace. Sure, Eric Garner could have been more compliant here, but once he is wrestled to the ground and put in a choke hold he seems to stop resisting and is practically begging the officer to let him breath.

 
Being a cop has to be one of the most stressful jobs on the planet.
Agreed. But it's because of all the good police out there trying hard to do a near impossible job that we need to punish the bad ones when we can.
How was this cop a bad one? Which one exactly was the bad one?

I'm assuming the guy that used the choke hold was the one they were attempting to indict, right? What about the other 4-6 guys standing/helping/not calling for EMT's?

 
It looks very bad. Very very bad. But, as in all of these cases, not all the facts are available yet. Specifically, I would like to hear from the prosecutor and the grand jury as to why they chose not to indict. There may be compelling reasons- from what we know, I can't think of any.
Only thing I can think of is that they were trying to indict on a more severe charge (Murder 1/2?) where they couldnt prove reasonable doubt when they shouldve tried to indict on a lesser charge (involuntary manslaughter?). Mind you I dont really understand how this works. Is that possible legal heads?
Grand jury SHOULD have been instructed that they could indict on a lesser included offense. Of course, the prosecutor is the grand jury's legal adviser in these proceedings, so we'll likely never know. I once had a prosecutor misrepresent an element of a RICO charge to the grand jury. I never would have known if they hadn't actually put the wrong standard on the indictment itself.

 
When a police officer tells you to do something, do it. How ####### hard is it?
People are ####### fed up with over policing and excessive use of force. Police need to use judgment in maintaining the peace. Sure, Eric Garner could have been more compliant here, but once he is wrestled to the ground and put in a choke hold he seems to stop resisting and is practically begging the officer to let him breath.
They let him breath. The whole thing took like 20 seconds.

 
Just watched the video for the first time. While not aggressive, he was belligerent. And while he didn't fight them, he was resisting arrest.

So what are the police supposed to do in this situation? They are there to uphold the law and have seen this guy break the law (no matter how minor you think it is). So this guy breaks the law and then refuses to cooperate. What then? Talk him to death? Negotiate for hours with a 400 lb man? They try to arrest him and he resists. What then?

So you clearly see that they attempt to put cuffs on him and he jerks away. At that point they are allowed to subdue the person they are trying to arrest. While the choke hold is no longer approved, it was likely part of the training at some point. Once you start grappling with a 400 lb dude, it may be hard to remember exactly which subduing moves are permissible and which ones are. Likely he just went to his instincts to gain control of the situation.
These are two quite amazing statements.

 
Just watched the video for the first time. While not aggressive, he was belligerent. And while he didn't fight them, he was resisting arrest.

So what are the police supposed to do in this situation? They are there to uphold the law and have seen this guy break the law (no matter how minor you think it is). So this guy breaks the law and then refuses to cooperate. What then? Talk him to death? Negotiate for hours with a 400 lb man? They try to arrest him and he resists. What then?

So you clearly see that they attempt to put cuffs on him and he jerks away. At that point they are allowed to subdue the person they are trying to arrest. While the choke hold is no longer approved, it was likely part of the training at some point. Once you start grappling with a 400 lb dude, it may be hard to remember exactly which subduing moves are permissible and which ones are. Likely he just went to his instincts to gain control of the situation.
I'm usually pro police / #### protester type, but this cop performed an illegal choke hold, then a group of cops ignored his pleas for life. This situation was botched and it cost this man his life.

On another note, if protesters weren't so ####### stupid and didn't try to ruin a tree lighting, maybe people like me would be more inclined to care about this situation.

 
What happened?
Man approached by undercover officers who notice the man selling loose cigarettes. This violates the tax code as the loose cigs are not taxed. Police attempt to arrest or cite, man refuses, cops escalate rather than defuse situation then place an unauthorized per NYPD policy choke hold on man who proceeds to have a heart attack while gasping that he can't breathe. Man dies at scene. Coroner rules death due to neck compression and compression of chest due to being wieghed down while on the side walk. Police waited seven minutes to call for emts. Death ruled a homocide. Case goes before grand jury which does not indict.
And what a load of crap that is, too. Violates the tax code? I work with dozens of liquor stores and tobacco shops, and I don't know a single one who accurately reports their sales.
How many liquor stores and tobacco shops do you frequent?Cashing payroll checks?
Any retail business that is cash heavy is unlikely to accurately report sales to the government.
Unlikely?

Thats enough evidence for me.
Christ, Tim, you're being shown up by MC Gas Money now. Time for a break.

 
Just watched the video for the first time. While not aggressive, he was belligerent. And while he didn't fight them, he was resisting arrest.

So what are the police supposed to do in this situation? They are there to uphold the law and have seen this guy break the law (no matter how minor you think it is). So this guy breaks the law and then refuses to cooperate. What then? Talk him to death? Negotiate for hours with a 400 lb man? They try to arrest him and he resists. What then?

So you clearly see that they attempt to put cuffs on him and he jerks away. At that point they are allowed to subdue the person they are trying to arrest. While the choke hold is no longer approved, it was likely part of the training at some point. Once you start grappling with a 400 lb dude, it may be hard to remember exactly which subduing moves are permissible and which ones are. Likely he just went to his instincts to gain control of the situation.
If the chokehold happened and then the guy was cuffed and then frisked and then moved, checked on, given CPR, or basically treated like a human being after all risk nullified and he died, I would fully support the police here.

 
When a police officer tells you to do something, do it. How ####### hard is it?
People are ####### fed up with over policing and excessive use of force. Police need to use judgment in maintaining the peace. Sure, Eric Garner could have been more compliant here, but once he is wrestled to the ground and put in a choke hold he seems to stop resisting and is practically begging the officer to let him breath.
They let him breath. The whole thing took like 20 seconds.
Also, even the guy video taping doesn't seem to think his life was in danger. I don't think anyone could have reasonably thought Garner was actually dying in that short amount of time.

 
When a police officer tells you to do something, do it. How ####### hard is it?
People are ####### fed up with over policing and excessive use of force. Police need to use judgment in maintaining the peace. Sure, Eric Garner could have been more compliant here, but once he is wrestled to the ground and put in a choke hold he seems to stop resisting and is practically begging the officer to let him breath.
They let him breath. The whole thing took like 20 seconds.
Also, even the guy video taping doesn't seem to think his life was in danger. I don't think anyone could have reasonably thought Garner was actually dying in that short amount of time.
Outside of saying "I Can't Breathe" 11 times.

 
Just watched the video for the first time. While not aggressive, he was belligerent. And while he didn't fight them, he was resisting arrest.

So what are the police supposed to do in this situation? They are there to uphold the law and have seen this guy break the law (no matter how minor you think it is). So this guy breaks the law and then refuses to cooperate. What then? Talk him to death? Negotiate for hours with a 400 lb man? They try to arrest him and he resists. What then?

So you clearly see that they attempt to put cuffs on him and he jerks away. At that point they are allowed to subdue the person they are trying to arrest. While the choke hold is no longer approved, it was likely part of the training at some point. Once you start grappling with a 400 lb dude, it may be hard to remember exactly which subduing moves are permissible and which ones are. Likely he just went to his instincts to gain control of the situation.
These are two quite amazing statements.
Watch the video. What did I say that wasn't true there? He is yelling at the little dude in front of him to leave him alone, that he wasn't selling anything and that he is tired of him harassing him. He was causing a scene by raising his voice and people were gathering around. Without all of the commotion caused by Garner, I doubt there is even a video of the incident.

And he absolutely resisted arrest. The second the officer touched his arms, Garner jerked them away and stepped away.

 
stinky hipsters?
Take a walk across Union Square on 14th.On another note, I think a prerequisite for being a protesting female is being ugly.
You've never been to Berkeley have you? Man are you wrong about this one.
I'd rather walk around Raqqa with an American flag tee shirt than go to Berkeley.

I'll take some pictures in Union Square when I get a chance of the zombies protesting there. :X

 
According to Section 15.05 of the Penal Code, a person acts "recklessly" with respect to a result or circumstance when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."
So if I were to come up with an explanation off the top of my head, grand jury may have felt that the this guy dropping dead was not a foreseeable risk that the officer would have been aware of and thus disregarded.

His thinking would have to be something like: "If I chokehold this guy, he could die, but I'm going to do it anyway."

Again, just off the top of my uninformed head. Maybe a lawyer will check in.
The part that gets me is the "gross deviation from the standard of conduct". If the grand jury knew the chokehold was illegal and there a deviaton from standard conduct, how could they not classify his action as "reckless" and therefore culpable of manslaughter?
That part is still talking about "the risk" that is disregarded. So even though chokeholds are not allowed and he did it anyway, in order to fit into the definition of recklessness, he has to be aware of the risk that he's creating, and have disregarded it. I think that the risk has to be something that's "reasonably foreseeable" or something like that. The "risk" that we're talking about here is the risk of causing this guy to die. He would have to be aware of that risk, and made a decision to take that risk and chokehold him anyway (I think).

What would you think the normal risks created are when you grab someone by the throat? Bruising? Discomfort? Temporarily limiting air supply? Probably those things. But the guy dropping dead of a heart attack? I wouldn't have considered that a reasonable possibility.

Now this guy maybe can/should be held to a higher standard being a police officer and knowing that chokeholds aren't allowed for a reason (maybe they were banned because someone died in 2008 or something, no idea). Just trying to come up with what may have gone in with the grand jury.

 
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Too bad for you Fantasy Curse. UC Berkeley is one of the most beautiful college campuses on the west coast. And the women...damn.

 
Just watched the video for the first time. While not aggressive, he was belligerent. And while he didn't fight them, he was resisting arrest.

So what are the police supposed to do in this situation? They are there to uphold the law and have seen this guy break the law (no matter how minor you think it is). So this guy breaks the law and then refuses to cooperate. What then? Talk him to death? Negotiate for hours with a 400 lb man? They try to arrest him and he resists. What then?

So you clearly see that they attempt to put cuffs on him and he jerks away. At that point they are allowed to subdue the person they are trying to arrest. While the choke hold is no longer approved, it was likely part of the training at some point. Once you start grappling with a 400 lb dude, it may be hard to remember exactly which subduing moves are permissible and which ones are. Likely he just went to his instincts to gain control of the situation.
I'm usually pro police / #### protester type, but this cop performed an illegal choke hold, then a group of cops ignored his pleas for life. This situation was botched and it cost this man his life.

On another note, if protesters weren't so ####### stupid and didn't try to ruin a tree lighting, maybe people like me would be more inclined to care about this situation.
So you care more about a tree lighting being interrupted than a man dying at the hands of police for selling cigarettes without a license?
 
stinky hipsters?
Take a walk across Union Square on 14th.On another note, I think a prerequisite for being a protesting female is being ugly.
You've never been to Berkeley have you? Man are you wrong about this one.
I'd rather walk around Raqqa with an American flag tee shirt than go to Berkeley.

I'll take some pictures in Union Square when I get a chance of the zombies protesting there. :X
Anyone want to fire up the Kickstarter campaign to make this happen?

 
When a police officer tells you to do something, do it. How ####### hard is it?
People are ####### fed up with over policing and excessive use of force. Police need to use judgment in maintaining the peace. Sure, Eric Garner could have been more compliant here, but once he is wrestled to the ground and put in a choke hold he seems to stop resisting and is practically begging the officer to let him breath.
They let him breath. The whole thing took like 20 seconds.
Also, even the guy video taping doesn't seem to think his life was in danger. I don't think anyone could have reasonably thought Garner was actually dying in that short amount of time.
Outside of saying "I Can't Breathe" 11 times.
The obvious is lost on some people here.

 
I love people that criticize LE... Same people screaming on 911 as soon as they feel threatened.
I love people that criticize LE... Same people screaming on 911 as soon as they feel threatened.
So are you saying we should never complain when law enforcement screws up or does something bad?
Protesters are the most disrespectful to LE out there. I really hope some of them are in situations that they need help and don't get it.

It's one thing to complain, but I've seen firsthand what ####### dooschs a lot of these people are. Being a cop isn't easy and doesn't pay a lot of money. The NYPD has something like 35k employees. Find me one company in the world with that many employees without a few sleezebags and I'll donate my 401k to mc gas face.

 
When a police officer tells you to do something, do it. How ####### hard is it?
When a guy you're detaining for loose cigarettes tells you he can't breathe and then stops moving, immediately call EMS. How ####### hard is that?
They didn't do this? How long was the delay? And, yes, I've watched the second video, where they are waiting on EMS, who finally arrives and does...not so much.
 
I love people that criticize LE... Same people screaming on 911 as soon as they feel threatened.
I love people that criticize LE... Same people screaming on 911 as soon as they feel threatened.
So are you saying we should never complain when law enforcement screws up or does something bad?
Protesters are the most disrespectful to LE out there. I really hope some of them are in situations that they need help and don't get it.

It's one thing to complain, but I've seen firsthand what ####### dooschs a lot of these people are. Being a cop isn't easy and doesn't pay a lot of money. The NYPD has something like 35k employees. Find me one company in the world with that many employees without a few sleezebags and I'll donate my 401k to mc gas face.
Poor.

 

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