NYC cop will not be charged over fatal 'chokehold' arrest

New York Grand Jury decides not to indict officer Daniel Pantaleo over the death of 43-year-old black Eric Garner. Pantaleo does seem to be a rough type. There have been previous complaints against him -- one of which cost the NYC cops $30,000 to settle. He should be discharged. Dealing with a big, unco-operative black would not be easy for a skinny Italian guy but police have to learn some limits

A white New York police officer who used a banned chokehold technique to restrain an unarmed black man in a confrontation that ended in the death of the 43-year-old will not face criminal charges, a grand jury has decided.

Police reinforcements were deployed across the city in preparation for possible protests in the wake of the ruling that came just a week after a grand jury in Missouri decided not to prosecute another white officer who shot dead an unarmed black teenager.

The death of Eric Garner in Staten Island in July prompted outrage after mobile phone footage went viral showing him repeatedly pleading "I can’t breathe" as several officers wrestled him to the ground following a complaint that he had been illegally selling loose cigarettes.

Daniel Pantaleo was the only officer under criminal investigation in the grand jury hearing that heard evidence for several months.

The New York medical examiner earlier ruled that Mr Garner’s death was a homicide, concluding compression of the neck and chest, combined with his positioning on the ground while being restrained by police, caused his death.

He also noted that the 25-stone man had serious health problems and that his acute and chronic bronchial asthma, obesity and hypertensive cardiovascular disease were contributing factors.

But although the video apparently showed Mr Pantaleo placing Mr Garner in the chokehold, a restraining tactic that is banned by the New York police department but not illegal in law, the grand jury decided that he should not be charged for his actions.

The footage also showed Mr Garner angrily berating police officers called to the street where local shop-keepers had previously complained that he was breaking the law by selling individual untaxed cigarettes near the Staten Island ferry terminal.

Police officers said that Garner, a father of six who had a long arrest record for mostly minor offences, had been resisting arrest when the confrontation began. He died later in hospital.

President Barack Obama, while not directly commenting on the case, said the grand jury decision spoke to "the concern on the part of too many minority communities that law enforcement is not working with them and dealing with them in a fair way".

The Staten Island grand jury ruling has deepened the focus on race relations in the US and aggressive police tactics just a week after the Missouri decision ignited violent protests in the St Louis suburb of Ferguson. Those riots broke out in the wake of the grand jury decision not to indict Darren Wilson, an officer, for the fatal shooting of Michael Brown.

Mr Garner’s family has appealed for calm and a demonstration on Staten Island in late August over his death took place without any clashes or arrests. But in the wake of the Ferguson decision, there were fears that the new ruling could spark a fresh bout of protests.

Mr Pantaleo, who testified before panel last month, has been stripped of his gun and badge during the investigation, but the force has not said whether he will face disciplinary proceedings or be allowed to keep his job.

Bill Bratton, the New York police commissioner, has said he has ordered a "top-to-bottom" revamp of use-of-force training in response to the incident.

Mr de Blasio cancelled his appearance at the annual tree-lighting at the Rockefeller Centre to address New Yorkers."Today’s outcome is one that many in our city did not want,’" he said, calling Mr Garner’s death a "tragedy" and a "deeply emotional day – for the Garner family and all New Yorkers".

After learning of the decision, the 29-year-old officer said he felt "very bad" about the death and offered condolences to Mr Garner’s family in a statement issued through the Patrolmen's Benevolent Association.

"I became a police officer to help people and to protect those who can't protect themselves," he said. "It is never my intention to harm anyone and I feel very bad about the death of Mr. Garner. My family and I include him and his family in our prayers and I hope that they will accept my personal condolences for their loss."

A Garner family attorney said that said they would press federal authorities to launch a civil rights investigation. The family has already filed a $75 million notice of claim with the city, the first step in a lawsuit.

Daniel Donovan, the district attorney who convened the grand jury, praised the work of the panel but said that under New York law he could not disclose details of their confidential proceedings.

In Missouri, the district attorney released the evidence heard by the grand jury, but Mr Donovan said that could not make such information public.

"I want to express my condolences to Eric Garner’s family for their loss, and to acknowledge the heartache of his mother, his wife, his children, as well as his other family members, loved ones, and friends, who have consistently carried themselves with grace during the past four months," he said.

Original report here

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