It has also presented Mayor Bill de Blasio with a difficult challenge as he tries to balance his support of the police with his campaign promises to reform what he had characterized as over-aggressive tactics.“We all have a responsibility to work together to heal the wounds from decades of mistrust and create a culture where the Police Department and the communities they protect respect each other,” Mr. de Blasio said in a statement after the autopsy results were revealed.Patrick J. Lynch, president of the Patrolmen’s Benevolent Association, which represents rank-and-file officers, said that had Mr. Garner “not resisted the lawful order of the police officers placing him under arrest, this tragedy would not have occurred.”In declaring the manner of death a homicide, the medical examiner’s office is not suggesting a crime was committed, but is stating its conclusion that Mr. Garner died at the hands of another person or persons. Swarmed by officers, Mr. Garner can be heard repeating, “I can’t breathe.” Those words have become a rallying cry both for his family and for supporters who see his case as emblematic of more systemic problems in the Police Department and the way it deals with people in minority communities.Mr. © 2020 New York City Police Benevolent Association He did not use pepper spray or any other more forceful method to take Mr. Garner into custody.
The exertion and stress would have overcome his already seriously ill body and would have resulted in his death. The report, which was part of the evidence presented to the Grand Jury that exonerated Pantaleo of any criminal wrong doing, was not available to the officer’s lawyers because there was no criminal trial where the autopsy report would have been obtained through discovery.
The officer who placed Mr. Garner in the chokehold, Daniel Pantaleo, has been stripped of his gun and badge.When a video of the July 17 encounter between Mr. Garner and the police Captured by a bystander on a cellphone, the video shows Mr. Garner arguing with officers, who accused him of selling cigarettes on a Staten Island street corner. Garner was a large man, weighing over 300 pounds, and had other health issues, including diabetes, sleep apnea and asthma. On July 17, 2014, Eric Garner died in the New York City borough of Staten Island after Daniel Pantaleo, a New York City Police Department (NYPD) officer, put him in a prohibited chokehold while arresting him. The availability of the autopsy findings was also stymied when the City Comptroller, Scott Stringer, granted a nearly $6 million settlement with the Garner family absent the filing of a civil suit which would have resulted in a trial that would have put the autopsy report into evidence.“This case demonstrates the danger that is inherent in pre-judging incidents absent all of the information that must be considered in order to come to a truthful and accurate conclusion. Mr. Garner had no margin of safety, no reserve at all, and was precariously unstable even before he was accosted. Clark concludes: “A normal and healthy male would have been transiently distressed by the actions of the arresting officers.
When one officer seeks to pull Mr. Garner’s hands behind him so they can be handcuffed, Mr. Garner pulls free. While the report found that Mr. Garner’s poor health was a contributing factor, it was not the primary cause of his death.The statement did not include details about any injuries to Mr. Garner’s body discovered during the autopsy. Mr. Bratton put that strategy into effect in New York City in his first tour as commissioner in the 1990s. But the findings about the chokehold and chest compression are a significant development in the criminal investigation into the officers’ conduct. The officer then wraps his arm around Mr. Garner’s neck and drags him to the ground, continuing to hold him in what city officials later acknowledged appears to be a chokehold.
Some of those ailments were cited in the autopsy as contributing conditions to his death.But the medical examiner’s office was clear in the cause of his death, finding he died from “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.”Michael Baden, who was the city’s chief medical examiner in 1979 and 1980 and later the chief forensic pathologist for the State Police, said the autopsy results suggested that it was the chokehold in combination with the pressure officers applied to Mr. Garner’s back that proved lethal.
Letting Mr. Garner go free was not an option because he was a repeat offender against whom there were more complaints of illegal activity from the community. “Obese people especially, lying face down, prone, are unable to breathe when enough pressure is put on their back,” he said.
The officer did not hit Garner with his hands, he did not strike him in any way nor did he draw his weapon in order to gain compliance with a lawful order.
This was rapidly followed by cardiac arrhythmia and death.” Mr. Garner says they are harassing him.
“The pressure prevents the diaphragm from going up and down, and he can’t inhale and exhale.” The episode has raised questions about the “broken windows” style of policing, where officers target quality-of-life crimes.
Sadly, Mr. Garner’s health was so poor that it is highly likely that if he had decided to flee police instead of fighting them, the end result would have been the same.
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