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Revision as of 00:33, 3 January 2015 editMindbuilder (talk | contribs)Extended confirmed users1,289 edits The sentence pulled his arms away sentence was messed up.Tag: Visual edit← Previous edit Revision as of 00:46, 3 January 2015 edit undoDyrnych (talk | contribs)Extended confirmed users2,775 edits It may be interesting, but it's outside the scope of this article.Next edit →
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|location= New York |location= New York
|date=July 18, 2014 |date=July 18, 2014
|accessdate=December 3, 2014}}</ref> (Illegal under federal as well as New York City law.)<ref>http://www.fda.gov/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/ucm205021.htm</ref> When officer Pantaleo took Garner's wrist behind his back, Garner pulled his arms away. Pantaleo then put his arm around the much taller Garner's neck and pulled him backwards and down onto the ground.<ref name="Time">]<span>, 31 July 2014</span></ref><ref>{{cite web|url=https://www.youtube.com/watch?v=ds0evQo5sFY|title=Defending His Cops - PBA Pres. Speaks on Garner Case|work=YouTube|accessdate=December 13, 2014}}</ref> After Pantaleo removed his arm from Garner's neck, he pushed Garner's head into the ground while four officers moved to restrain Garner, who repeated "I can't breathe" eleven times while lying facedown on the sidewalk.<ref name="HuffLynch">{{cite web|url=http://www.huffingtonpost.com/2014/12/04/pat-lynch-eric-garner_n_6272738.html|title=Chokehold Cop Is 'Eagle Scout' Blameless In Eric Garner's Death, NYPD Union President Says|work=The Huffington Post|accessdate=December 13, 2014}}</ref><ref name=":1">{{cite news |accessdate=December 3, 2014}}</ref> When officer Pantaleo took Garner's wrist behind his back, Garner pulled his arms away. Pantaleo then put his arm around the much taller Garner's neck and pulled him backwards and down onto the ground.<ref name="Time">]<span>, 31 July 2014</span></ref><ref>{{cite web|url=https://www.youtube.com/watch?v=ds0evQo5sFY|title=Defending His Cops - PBA Pres. Speaks on Garner Case|work=YouTube|accessdate=December 13, 2014}}</ref> After Pantaleo removed his arm from Garner's neck, he pushed Garner's head into the ground while four officers moved to restrain Garner, who repeated "I can't breathe" eleven times while lying facedown on the sidewalk.<ref name="HuffLynch">{{cite web|url=http://www.huffingtonpost.com/2014/12/04/pat-lynch-eric-garner_n_6272738.html|title=Chokehold Cop Is 'Eagle Scout' Blameless In Eric Garner's Death, NYPD Union President Says|work=The Huffington Post|accessdate=December 13, 2014}}</ref><ref name=":1">{{cite news
| url=http://www.nydailynews.com/new-york/staten-island-man-dies-puts-choke-hold-article-1.1871486 | url=http://www.nydailynews.com/new-york/staten-island-man-dies-puts-choke-hold-article-1.1871486
| deadurl=no | deadurl=no

Revision as of 00:46, 3 January 2015

Killing of Eric Garner
File:Eric Garner facebook.jpgFacebook profile photo of Eric Garner
DateJuly 17, 2014 (2014-07-17)
approx. 3:30-4:45 p.m. (EST)
Location202 Bay Street, Staten Island, New York
CoordinatesLocation of event: 40°38′14″N 74°04′36″W / 40.637147°N 74.076574°W / 40.637147; -74.076574
CauseCompression of neck (choke hold), compression of chest and prone positioning during physical restraint by police
First reporterDaily News (New York)
Filmed byRamsey Orta
ParticipantsDaniel Pantaleo and Justin Damico (New York City Police Department (NYPD) officers)
OutcomeNo indictment of Pantaleo
Deaths1
Litigation$75 million lawsuit filed by Garner's family against New York City, the NYPD, and six NYPD officers

On July 17, 2014, Eric Garner died in Staten Island, New York, after a police officer put him in a grappling hold. Many, including medical examiners, have described it as a chokehold, while others argue it was a headlock and that no choking took place; the use of chokeholds is a violation of New York City Police Department (NYPD) policy.

After Garner expressed to the police that he was tired of being harassed and that he was not selling cigarettes, officers moved to arrest Garner on suspicion of selling "loosies" (single cigarettes) from packs without tax stamps. When officer Pantaleo took Garner's wrist behind his back, Garner pulled his arms away. Pantaleo then put his arm around the much taller Garner's neck and pulled him backwards and down onto the ground. After Pantaleo removed his arm from Garner's neck, he pushed Garner's head into the ground while four officers moved to restrain Garner, who repeated "I can't breathe" eleven times while lying facedown on the sidewalk. After Garner lost consciousness, officers turned him onto his side to ease his breathing. Garner remained lying on the sidewalk for seven minutes while the officers waited for an ambulance to arrive. The officers and EMTs did not perform CPR on Garner at the scene; according to a spokesman for the Patrolmen's Benevolent Association of the City of New York, this was because they believed that Garner was breathing and that it would be improper to perform CPR on someone who was still breathing. He was pronounced dead on arrival at the hospital approximately one hour later.

Medical examiners concluded that Garner was killed by "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police", though no damage to his windpipe or neck bones was found. The medical examiner ruled Garner's death a homicide, indicating that his death was caused by the intentional actions of another person or persons; however, the designation of homicide by itself means neither that the death itself was intentional nor that a crime was committed.

On December 3, 2014, a grand jury decided not to indict Pantaleo. The event stirred public protests and rallies with charges of police brutality. As of December 28, 2014, at least 50 demonstrations had been held nationwide specifically for Garner while hundreds of demonstrations against general police brutality counted Garner as a focal point. The Justice Department announced an independent federal investigation.

Background

Eric Garner

Eric Garner (September 15, 1970 – July 17, 2014) was a 350-pound (160 kg), 43-year-old, 6'3" (1.91 m) tall, African American man who was formerly employed as a horticulturist at the New York City Department of Parks and Recreation, but quit due to health reasons. Garner, who was married to Esaw Garner, had been described by his friends as a "neighborhood peacemaker" and as a generous, congenial person. Garner was the father of six children and three grandchildren; at the time of his death, he had a three-month-old child.

Garner had been arrested by the NYPD thirty times since 1980 on charges such as assault, resisting arrest, and grand larceny. An official said the arrests include multiple incidents in which he was arrested for allegedly selling unlicensed cigarettes. In 2007, Garner 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. Garner had, according to the New York Times, "recently … told lawyers at Legal Aid that he intended to take all the cases against him to trial". At the time of the incident, Garner was out on bail for selling untaxed cigarettes, driving without a license, marijuana possession, and false impersonation.

Daniel Pantaleo

Daniel Pantaleo is a New York City Police Department officer who was, at the time of Garner's death, age 29 and living in Eltingville, Staten Island. Pantaleo's father was a New York City Fire Department firefighter, and his uncle was an NYPD officer. He graduated from Monsignor Farrell High School and received a bachelor's degree from the College of Staten Island. He joined the NYPD in 2006. Pantaleo was the subject of two civil rights lawsuits in 2013 where plaintiffs accused Pantaleo of falsely arresting them and abusing them. In one of the cases, Pantaleo and other officers ordered two black men to strip naked on the street for a search and the charges against the men were dismissed.

Death

On July 17, 2014, at 4:45 p.m., Eric Garner was approached by a plainclothes police officer, Justin Damico, in front of a beauty supply store at 202 Bay Street in the Tompkinsville neighborhood in Staten Island. According to bystanders, including Ramsey Orta, a friend of Garner's who videotaped the incident, Garner had broken up a fight just prior to his death, which may have drawn Orta's and Officer Daniel Pantaleo's attention to him. After telling the police officers, "Get away for what? Every time you see me, you want to mess with me. I'm tired of it. It stops today. Why would you...? Everyone standing here will tell you I didn't do nothing. I did not sell nothing. Because everytime you see me, you want to harass me. You want to stop me selling cigarettes. I'm minding my business, officer, I'm minding my business. Please just leave me alone. I told you the last time, please just leave me alone."

When Pantaleo approached Garner from behind and attempted to handcuff him, Garner pulled his arms away, saying "Don't touch me, please." Pantaleo then put Garner in a chokehold or headlock from behind, and pulled backwards in an attempt to bring Garner to the ground. As Garner was brought to the ground, the police and Garner slammed into a glass window, though the window did not break. As Garner was being brought to the ground, other uniformed officers surrounded him. For a few moments, Garner went to his knees and forearms and did not say anything. At that point, three uniformed officers and the two plainclothes officers had surrounded him. After a few seconds, the video showed Pantaleo had removed his arm from around Garner's neck and was using his hands to push Garner's head down onto the sidewalk. Garner is heard saying "I can't breathe" multiple times while lying face down on the sidewalk. The arrest was supervised by a female African American NYPD sergeant, Kizzy Adoni, who did not intercede. Adoni was quoted in the original police report as stating, “The perpetrator’s condition did not seem serious and he did not appear to get worse.”

Garner lay motionless, handcuffed, and unresponsive for several minutes before an ambulance arrived, as shown in a second video. Other than one officer who told the then-unconscious Garner to "breathe in, breathe out," the police made no attempt to resuscitate Garner. The police defended their decision to not perform CPR on Garner because they stated that he was still breathing and that it would have been improper to do CPR on someone who was breathing on his own. When an ambulance eventually arrived on scene, two medics and two EMTs inside the ambulance did not administer any emergency medical aid or promptly place him on a stretcher. According to police, Garner had a heart attack while being transported to Richmond University Medical Center. He was pronounced dead on arrival at the hospital one hour later.

A funeral was held for Garner on July 23, 2014, at Bethel Baptist Church in Brooklyn. At the funeral, Al Sharpton gave a speech calling for harsher punitive measures to be taken against the officers responsible for the incident.

Aftermath

Investigation

On July 20, the officer who grabbed Garner by the neck, Daniel Pantaleo, was put on desk duty and stripped of his service handgun and badge. Officer Justin Damico was allowed to keep his badge and handgun but was also placed on desk duty. Four of the EMTs and paramedics who responded to Garner's respiratory distress were suspended on July 21, The two paramedics have since been returned to their duties. The remaining two EMTs are doing non-medical work at the hospital pending the Richmond University Medical Center's own investigation into the incident.

Three weeks after recording his friend's arrest on his cell phone, Ramsey Orta was arrested on weapons charges. Al Sharpton made a statement that prosecuting Orta while also calling him as a witness could constitute a conflict of interest.

On August 1, Garner's death was found by the New York City Medical Examiner's Office to be a result of "compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police." Asthma, heart disease, and obesity were cited as contributing factors. There was no damage to the windpipe or neckbones. On August 1, the medical examiner's spokesperson, Julie Bolcer, announced that Garner's death has been ruled a homicide. As of December 3, 2014 the United States Department of Justice launched further investigation towards the death.

First wave of protests

Al Sharpton organized a peaceful protest in Staten Island on the afternoon of July 19, and condemned the police's use of the chokehold on Garner, saying that "there is no justification" for it.

On July 29, a protest organized by WalkRunFly Productions and poet Daniel J. Watts was held in Times Square. The protest was in the form of poetry and many Broadway entertainers participated in the event. Al Sharpton originally planned to lead a protest on August 23 in which participants would drive over the Verrazano–Narrows Bridge, then travel to the site of the altercation and the office of District Attorney Daniel M. Donovan, Jr. This idea was scrapped in favor of Sharpton leading a peaceful march along Bay Street in Staten Island, where Garner died; police estimated that over 2,500 people participated in the march.

Grand jury

On August 19, Staten Island District Attorney Daniel M. Donovan, Jr. announced that the case against Pantaleo would go to a grand jury, saying that after considering the medical examiner's findings, his office decided "it is appropriate to present evidence regarding circumstances of his death to a Richmond County Grand Jury." On September 29, the grand jury began hearing evidence in the Garner case. The 23-member panel was made up of fourteen white members and nine non-white members, at least five of whom were black. On November 21, Pantaleo testified before the Garner grand jury for about two hours, giving his account of Garner's death. After having the case for two months, a grand jury decided not to indict Pantaleo on December 3. A Staten Island Judge recused himself from hearing on whether to release transcript grand jury proceedings in the case.

Reaction to grand jury

Public

Al Sharpton and Eric Garner's wife, Esaw Garner (right), at a protest in Staten Island on July 19, 2014.
Chicago protesters protesting the Staten Island grand jury's decision, December 4, 2014

After the Staten Island grand jury decided not to indict Pantaleo on December 3, people in New York City and San Francisco gathered in protest, demonstrating with several die-ins. On December 5, thousands gathered in peaceful protest on the Boston Common in Boston, and then marched around the downtown area, blocking traffic, especially on I-90, in addition to staging "die-ins". Protests also occurred in Chicago, Washington, D.C., Baltimore, Minneapolis, and Atlanta. At least 300 people were arrested at the New York City protests on December 4 and 5, most of them for charges of disorderly conduct or refusal to clear the streets, but two for assault on a police officer. On December 6, 300 protesters marched in Berkeley, California as well. On December 10, 76 protesters were arrested at Westfield shopping centre in Shepherd's Bush in west London, England, during a rally to show solidarity with rallies in the United States.

On December 20, two NYPD officers were killed in an ambush in Bedford–Stuyvesant, Brooklyn. The suspected gunman, Ismaaiyl Brinsley, "declared his intention on his Instagram account to kill police officers as retribution for the recent police killings of Michael Brown and Eric Garner". The suspect, who has a long criminal record, then entered the New York City Subway and committed suicide.

Police

As a result of Eric Garner's death, Police Commissioner William Bratton ordered an extensive review of the NYPD's training procedures, specifically focusing on the appropriate amount of force that can be used while detaining a suspect. Patrick Lynch, leader of the police union Patrolmen's Benevolent Association, challenged the claim that a chokehold was used. Police union officials and Pantaleo’s lawyer argued that Pantaleo did not use the chokehold, but instead used a NYPD-taught takedown move because Garner was resisting arrest.

An Indiana police officer sold T-shirts saying "Breathe Easy. Don't Break the Law." A veteran San Jose Police Officer, Phillip White, tweeted: “Threaten me or my family and I will use my God given and law appointed right and duty to kill you. #CopsLivesMatter,” which sparked controversy.

Family

In an interview with CNN, Eric's daughter Erica felt that it was pride and not racism that led to the officer choking her father. She continued: "It was about the officer's pride. It was about my father being 6'4" and 350 pounds and he wants to be the top cop that brings a man down." Erica held a vigil and “die-in” on Staten Island Thursday in memory of her father. One of Garner's daughters, Emerald Snipes, created a fund for his kids for Christmas as Garner used to play Santa Claus. Garner's daughters Erica and Emerald, his wife Esaw, and his stepfather Ben Carr all went to the Justice for All March in Washington, DC.

Esaw Garner said in response to whether she accepted Pantaleo's condolences, "The time for remorse would have been when my husband was yelling to breathe." She went on: "No, I don't accept his apology. No, I could care less about his condolences ... He's still working. He's still getting a paycheck. He's still feeding his kids, when my husband is six feet under and I'm looking for a way to feed my kids now." Eric's mother, Gwenn Carr, expressed disappointment with the grand jury decision.

Politicians

New York City Mayor Bill de Blasio called Garner's death a "terrible tragedy". De Blasio, at a July 31 roundtable meeting in response to the death, convened with police officers and political activists, called upon mutual respect and understanding. On August 1, in a statement, the mayor urged all parties involved to create a dialogue, and find a path "to heal the wounds from decades of mistrust and create a culture where the police department and the communities they protect respect each other". New York Governor Andrew Cuomo said that New York State should consider appointing a special prosecutor to handle cases of alleged police brutality. He told CNN: "We have a problem. Let's acknowledge it."

U.S. Attorney General Eric Holder said that the Department of Justice was "closely monitoring" investigations into Garner's death.

Two U.S. Presidents have expressed thoughts about Garner's death. Barack Obama addressed the grand jury's decision by making a speech, stating that Garner's death and the legal outcome of it is an "American problem". Obama also reacted by saying that Mr. Garner's death "speaks to the larger issues" of trust between police and civilians. Former U.S. President George W. Bush said he found the verdict "hard to understand" and "very sad" in an interview.

Peter King, a U.S. Representative for New York, however, stated that if Eric Garner had been healthier, he would not have died after a police officer placed him in a chokehold. "If he had not had asthma, and a heart condition, and was so obese, almost definitely he would not have died from this." King added that there "was not a hint" that anyone used any racial epithets, and that if Garner were a "350-pound white guy, he would have been treated the same."

Athletes

After the grand jury declined to indict Pantaleo, professional athletes such as NFL player Reggie Bush, Ryan Davis, Cecil Shorts III, Marquise Lee, Ace Sanders and Allen Hurns;and NBA players LeBron James, Kobe Bryant and the Los Angeles Lakers, Kyrie Irving, and Deron Williams, wore T-shirts bearing the phrase "I can't breathe" during pregame warmups. The Phoenix Suns also wore the shirts. President Obama and attorney general Holder applauded James for wearing the shirt.

The Georgetown University men's basketball team wore "I can't breathe" shirts, as well as the Notre Dame Women's Basketball team.

See also

References

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