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Killing of Eric Garner

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Killing of Eric Garner
DateJuly 17, 2014 (2014-07-17)
Time3:45 p.m. (EST)
Location202 Bay Street, Tompkinsville, Staten Island
CauseHeart attack
First reporterDaily News (New York)
Filmed byRamsey Orta[1]
ParticipantsDaniel Pantaleo & Justin Damico (NYPD officers)
Deaths1
Litigation$75 million lawsuit filed by Garner's family against New York City, NYPD, and six NYPD officers[2]

On July 17, 2014, in Staten Island, New York, United States, Eric Garner died of a heart-attack after being placed in a choke-hold by an officer, a tactic banned by the Police Department.[3][4] On this day, he was initially approached by police officer Justin Damico.[5][6] A fellow officer, Daniel Pantaleo, put Garner on the ground by the use of force after Garner refused to be handcuffed and swatted at officers, Pantaleo using his arms around the much taller Garner's head, applying a headlock or chokehold shown in a widely viewed video recording of the event.[1] Garner died some minutes later. NYPD Union leader Patrick Lynch challenged the claim that a chokehold was used.[7]

On August 1, 2014, city medical examiners concluded that Garner was killed by neck compression from the chokehold along with “the compression of his chest and prone positioning during physical restraint by police”. Asthma, heart disease and obesity were contributing factors.[8] Friends of Garner described him as having severe health issues, including diabetes, sleep apnea and severe asthma.[9] As a result of Garner's death, four EMTs and paramedics who responded to Garner's death were suspended without pay on July 21, 2014, and officers Justin Damico and Daniel Pantaleo were placed on desk duty, the latter stripped of his service gun and badge.

The event stirred public protests[10] and rallies[11] with charges of police brutality and was broadcast nationally over various media networks.[12][13]

On December 3, 2014, a grand jury decided not to indict Daniel Pantaleo, the officer involved in Garner's death.[14]

Backgrounds

Eric Garner

Eric Garner (September 15, 1970 – July 17, 2014) had been employed as a horticulturist at the New York City Department of Parks and Recreation.[15] Garner was a 350-pound (160 kg), 43-year-old, 6'3" (1.91 m) tall, asthmatic African American man.[3][4] He has been described by his friends as a "neighborhood peacemaker" and as a generous, congenial person.[9] He had six children.[6] Garner had been previously arrested and was out on bail for selling untaxed cigarettes, driving without a license, marijuana possession and false personation.[16][17]

Daniel Pantaleo

Daniel Pantaleo is a New York City Police Department officer who at the time of Garner's death, had eight years of law enforcement experience, was 29 years old, and living in Eltingville, Staten Island.[18] Pantaleo was the subject of two civil rights lawsuits in 2013 where plaintiffs accused Pantaleo of falsely arresting them and abusing them.[19] 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.[20]

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. After telling the police officers, "I was just minding my own business. Every time you see me you want to mess with me. I'm tired of it. It stops today!"[21] Garner swatted their arms away, saying, "Don't touch me, please." He was then put in a chokehold or headlock from behind by officer Daniel Pantaleo, in order to be subdued. While Garner repeatedly stated he was not able to breathe, other officers struggled to bring him down onto the sidewalk and have him put his arms behind his back. The video shows officer Pantaleo using his hands to push Garner's head down into the sidewalk. Garner died a few minutes later.[21][22][23]

The video also showed that police waited seven minutes before giving Garner cardiopulmonary resuscitation.[11][24] Use of the chokehold is legal, but has been prohibited by New York City Police Department policy since 1993.[25]

Garner's death was recorded by Ramsey Orta, a friend of Garner's.[1]

The final autopsy report in Garner's death showed that Garner did not have any drugs or alcohol in his system and had no head trauma.[26] The New York Times reported that the autopsy suggested his obesity and health problems caused his fatal heart attack.[15]

Aftermath

Three weeks after recording his friend's arrest on his cell phone, Ramsey Orta was arrested on weapons charges.[1] Al Sharpton made a statement that prosecuting Orta while also calling him as a witness could constitute a conflict of interest.[1] One week after, Orta's wife was arrested and charged with misdemeanor assault.[27]

Investigation

On July 20, 2014, the officer who grabbed Garner by the neck, Daniel Pantaleo,[13] was put on desk duty and stripped of his service handgun and badge.[28] Officer Justin Damico was allowed to keep his badge and handgun but was placed on desk duty.[29] Four of the EMTs and paramedics who responded to Garner's respiratory distress were suspended without pay on July 21,[13] while the hospital they worked at, Richmond University Medical Center, conducted its own investigation into the incident.[30] The two paramedics have since been returned to their regular duties.

Garner's death was found by the New York City Medical Examiner's Office to be a result of compression to the neck, compression to the body, and prone positioning, along with asthma, heart disease and obesity as contributing factors.[31] On August 1, the medical examiner's spokesperson, Julie Bolcer, announced that Garner's death has been ruled a homicide.[22][32]

As of October 26, 2014 a Grand Jury has been convened and is presently hearing evidence prior to deliberating whether to file charges against Officer Pantaleo.

As of December 3, 2014 the Staten Island Grand Jury decided to not indict police officer Daniel Pantaleo.[33]

As of December 3, 2014 the United States Department of Justice launched further investigation towards the chokehold death.[34]

Public reaction

Al Sharpton and Eric Garner's wife, Esaw Garner (right), at a protest in Staten Island on July 19, 2014.

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.[35]

On July 29, 2014, a protest was held in Times Square, organized by WalkRunFly Productions and poet Daniel J. Watts. The protest was in the form of poetry and many Broadway entertainers participated in the event.[36] Al Sharpton originally planned to lead a protest on August 23, in which participants will drive over the Verrazano–Narrows Bridge, then travel to the site of the altercation and the office of District Attorney Daniel M. Donovan, Jr.[37] 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.[38][39]

Politicians

Bill 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 his 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".[42][43]

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.[23]

Funeral

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 putting Garner in the chokehold.[44]

Grand jury

On December 3, 2014, a grand jury decided not to indict Daniel Pantaleo, the officer who was involved in Garner's death.[45]

See also

References

  1. ^ a b c d e "Staten Island man dies after NYPD cop puts him in chokehold — SEE THE VIDEO". New York Daily News. July 17, 2014. Retrieved July 19, 2014. Cite error: The named reference "orta" was defined multiple times with different content (see the help page).
  2. ^ $75 million suit over NYC chokehold death planned, Associated Press, October 7, 2014.
  3. ^ a b Sullivan, C. (July 18, 2014). "Man dies after suffering heart attack during arrest". New York Post. New York City: Jesse Angelo. Retrieved August 10, 2014.
  4. ^ a b Goodman, David (August 4, 2014). "Difficult Decisions Ahead in Responding to Police Chokehold Homicide". The New York Times. New York City: Arthur Ochs Sulzberger, Jr. Retrieved August 10, 2014.
  5. ^ On Subway, Flying Feet Can Lead to Handcuffs. Matt Flegenheimer and J. David Goodman. The New York Times. July 28, 2014. Retrieved July 29, 2014.
  6. ^ a b ... Two cops pulled off streets, Staten Island DA looking into death of dad of six after NYPD cop put him in chokehold during sidewalk takedown ... Annie Karni, Rocco Parascandola, Larry Mcshane. New York Daily News. July 18, 2014.
  7. ^ Goodman, David (August 5, 2014). "Handling of New York Chokehold Cases 'Disappointing,' Review Board Chief Says". The New York Times. New York City: Arthur Ochs Sulzberger, Jr. Retrieved August 10, 2014.
  8. ^ "Disquiet in NYPD ranks over Bill de Blasio's perceived anti-police stance". The Guardian. London: Guardian News and Media. August 9, 2014. Retrieved August 10, 2014.
  9. ^ a b Blidner, Rachelle (July 21, 2014). "Friends: Man in NYC chokehold case 'gentle giant'". Seattle PI. Retrieved July 21, 2014.
  10. ^ ... Al Sharpton demands justice ... Associated Press Reporter. Mail Online. July 23, 2014.
  11. ^ a b Niraj Chokshi (July 19, 2014). "New video purports to show aftermath of the chokehold that led to Eric Garner's death". The Washington Post. Retrieved July 29, 2014.
  12. ^ Commissioner Bratton Expects Lawsuits To Be Filed In Wake Of Eric Garner’s Death. CBS. July 27, 2014. Retrieved July 29, 2014.
  13. ^ a b c Behind the Video of Eric Garner’s Deadly Confrontation With New York Police. Josh Sanburn. TIME. July 22, 2014. Retrieved July 29, 2014.
  14. ^ Eversley, Melanie (December 3, 2014). "Lawyer: Cop in chokehold case won't be charged". USA Today. Retrieved December 3, 2014.
  15. ^ a b "Man's Death After Chokehold Raises Old Issue for the Police". The New York Times. July 19, 2014.
  16. ^ Donnelly, Frank. "Misdemeanor cases over alleged untaxed cigarettes preceded fatal police incident with Eric Garner". Retrieved August 8, 2014.
  17. ^ DeNinno, Nadine. "Eric Garner Died After NYPD Put Him In A Chokehold, Slammed His Head On Ground During Arrest [VIDEO]". International Business Times. Retrieved July 19, 2014.
  18. ^ Prendergast, Daniel; Schram, Jamie. Officer in chokehold arrest receives death threats online, New York Post, July 22, 2014.
  19. ^ Jonsson, Patrik. Eric Garner ruled victim of chokehold ‘homicide’: Should a grand jury indict?, Christian Science Monitor, August 2, 2014.
  20. ^ http://edition.cnn.com/TRANSCRIPTS/1412/01/acd.01.html
  21. ^ a b NYPD Strips Badge, Gun From Cop Involved In Fatal Chokehold, Gothamist, July 20, 2014.
  22. ^ a b Pearson, Jake. Official: Police chokehold caused NYC man's death, Associated Press, August 1, 2014.
  23. ^ a b Sanchez, Ray. Choke hold by cop killed NY man, medical examiner says, CNN, August 2, 2014.
  24. ^ Koeske, Zack (July 19, 2014). cops_dug_through_garners_pocke.html "New video shows Eric Garner motionless on ground as police wait for EMS". Staten Island Advance. Retrieved July 19, 2014. {{cite web}}: Check |url= value (help)
  25. ^ World News (July 19, 2014). "NYPD Cop in Chokehold Death Loses Gun, Badge". ABC News. Retrieved July 19, 2014.
  26. ^ Schram, Jamie. Chokehold victim Eric Garner had no drugs, alcohol in system, New York Post, August 7, 2014.
  27. ^ Time, 2014-08-06, http://time.com/3087613/wife-of-ramsey-orta-arrested-for-assault-in-staten-island/
  28. ^ NYPD Cop's Chokehold May Not Have Caused Serious Injury to Man's Throat. Josh Margolin, Ron Cliborne and Mark Crudele. ABC News. July 20, 2014. Retrieved July 29, 2014.
  29. ^ http://www.nydailynews.com/new-york/nyc-crime/wife-man-filmed-chokehold-arrested-article-1.1893790#cAOs5mib4wBv4MOC.97, New York Daily News, August 7, 2014.
  30. ^ Annese, John M. (July 21, 2014). "EMTs and paramedics who responded to Eric Garner have been suspended without pay by hospital". Staten Island Advance. Retrieved July 22, 2014.
  31. ^ [1][dead link‍]
  32. ^ Pearson, Jake (August 1, 2014). "Official: Police chokehold caused NYC man's death". Associated Press. Retrieved August 1, 2014.
  33. ^ Sanchez, Ray; Debucquoy-Dodley, Dominique (Wed December 3, 2014). "N.Y. cop not indicted in choke hold death". CNN. CNN. Retrieved Wed December 3, 2014. {{cite web}}: Check date values in: |accessdate= and |date= (help)
  34. ^ http://www.redeyechicago.com/news/chi-eric-garner-chokehold-grand-jury-verdict-20141203,0,5325686.story
  35. ^ Queally, James (July 19, 2014). "Rev. Al Sharpton leads calls for justice in NYPD chokehold death". Los Angeles Times. Retrieved July 19, 2014.
  36. ^ I Can't Breathe, YouTube, WalkRunFly Productions, July 29, 2014.
  37. ^ Allen, Jonathan. Bridge protest over NYC man's arrest death to proceed, Reuters, August 9, 2014.
  38. ^ "Rev. Al Sharpton Leads March, Rally Over Eric Garner's Death On Staten Island". CBSNewYork/AP. August 23, 2014. Retrieved August 27, 2014.
  39. ^ BBC News Eric Garner death: Thousands rally in Staten Island BBC August 24, 2014, Accessed August 27, 2014
  40. ^ Jonsson, Patrik (July 19, 2014). "How minor crime questioning led to chokehold death of Eric Garner". Christian Science Monitor. Retrieved July 19, 2014.
  41. ^ Barrett, Devlin (July 25, 2014). "Eric Holder: Justice Department 'Closely Monitoring' Chokehold Probe". Wall Street Journal. Retrieved July 26, 2014.
  42. ^ "Transcript: Mayor de Blasio Hosts Roundtable on Police-Community Relations". Government of New York City. Mayor of New York City. July 31, 2014. Retrieved August 10, 2014.
  43. ^ "Statement of Mayor Bill de Blasio on the Medical Examiner's Report on the Death of Eric Garner". Government of New York City. Mayor of New York City. August 1, 2014. Retrieved August 10, 2014.
  44. ^ "Sharpton To Officers In Eric Garner Case: 'When Does Your Morality Kick In?'". CBS New York. July 23, 2014. Retrieved July 24, 2014.
  45. ^ Eversley, Melanie (December 3, 2014). "Lawyer: Cop in chokehold case won't be charged". USA Today. Retrieved December 3, 2014.
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