Yes there cheating .... But all BS aside i agree with you that the officer should be fired where i disagree he should also be charged with no less then manslaughter even if he was to get probation something has to change.
Yeah maybe at the least charge him with assault because he did go beyond police protocol. The actual definitions of manslaughter in NY would make those cases pretty hard to prove and I could see why they'd pass on them but I think an assault charge could be a slam dunk and would make at least some people happy.
It doesn't seem like his accused crime - selling untaxed cigarettes - is worthy of death, no matter how many times he'd been accused. When the response to his reaction was to perform an against-deparmental-policy choke hold, the officer should be punished for breaching protocol. That a man died in the performance of this against-protocol move should at least open him up to manslaughter chargers. That's like saying the victim of a gunshot wound died because of soft skin tissue.
Is it? How many deaths have resulted from a choke hold takedown? I honestly don't know, but it can't be THAT many. Comparing it to a gunshot wound is a bit of a stretch no? With respect to manslaughter charges, you'd have to prove that him using an unsanctioned method to take down Garner qualified as being reckless, which is defined below The bolded part makes that REALLY hard to prove.
If only death by choke hold had been a stated reason why the practice was banned in New York in the first place... Or if there was video of the officer performing a maneuver that has been barred by the NYPD for over 20 years. That might have been helpful.
What good are body cameras gonna do if there's video of a guy getting choked to death and nothing happens?
That still doesn't prove that a reasonable person would think that taking the guy down that way would lead to his death. I haven't heard that he crushed the man's windpipe and he was talking after the "choke hold" was released meaning that there was air flow at that point. The officers holding him down, combined with him being morbidly obese and the fact that he had asthma probably had a LOT more to do with the man dying than a 14 second "choke hold" given that no structural damage was done.
Not really, it was such a gross departure from what a reasonable person would expect that the NYPD specifically banned that action.
Read it again, a reasonable person has to expect that the action would cause death. I highly doubt a reasonable person would think that taking the much bigger man down in that manner would cause death.
New Black Panther Party Plotted Bombing Of St. Louis Arch After Ferguson – No Terrorism Charges! Not sure if posted
