As to one of the key points...
Even a layman knows if the inability to breath persists death will occur.
Great article. Key points that I found interesting.
And.
The author does a great job of laying out the burden on the GJ when it comes to assigning criminality. Criminality that is based on intent. However, he then claims that an indictment would be appropriate based on an opinion that is completely opposite the grounds he previously layed out.
There was no intent to commit homicide therefore there is noting the GJ can do regarding a criminal indictment.
However, again, civilly this cop and the PD are screwed.
By contrast, the criminal law usually does not hold a person liable unless he intends, or at least should have foreseen, the natural consequences of his actions
As to one of the key points...
Even a layman knows if the inability to breath persists death will occur.
In any event, others counter that Garner could be heard repeatedly telling the police he could not breathe. While this actually undercuts the claim that a banned chokehold was used (since, if it had been, Garner would have had great difficulty speaking so audibly)
They should also know this as well.
If you can't breathe, its rather difficult to scream that you can't.
If you can't breathe, its rather difficult to scream that you can't.
I've seen this claim numerous times. It is false.
Speaking requires an exhalation of air not inhalation. Foe examples if your chest is being compressed you will be able to speak as long as the air in your lungs lasts. You cannot inhale therefore you can't breath.
Tried this last night don't try at home. Take a small plastic bag. Place it over your head and seal at the neck. I was able to talk but could not inhale. If that condition lasts long enough you will lose consciousness.
But not impossible as demonstrated by this case. The same thing happened in LA where the cops beat a homeless man to death on camera. He was screaming he couldn't breathe and the cops kept telling him that if he could scream he could breath. They kept telling him that up to the moment he lapsed into unconsciouness right on camera. Of course the cops were exonerated in that case as well. See pics below of what he looked like after the cops were done with him. He died shortly thereafter.
Cops getting away with murder is the new normal. I am sick to the puke point of the apologists.
There is speaking, and then there is speaking or yelling at an audible level. Sorry, but to make speech audible at a distance requires air. It always requires air to speak at an audible level more than once, which also was the case here.
Did this guy die from asphyxiation?
The coroner later determined that Thomas died from mechanical compression of the thorax, which made it impossible for him to breathe normally and deprived his brain of oxygen. The autopsy also showed he had multiple broken bones in his face and several cracked ribs.
I was able to yell with a bag on my head although not for very long.
Speaking at an audible distance requires air in your lungs not actively breathing. Try talking while inhaling, it doesn't work.
Also if his air is mostly obstructed but could get an occasional short breath he might still react "I can't breath"
The fact that Garner died is not dispositive of the deadly force issue. If, for example, A shoves B, causing B to trip on the curb, hit his head, and die, A has obviously used force that caused death, but he has not used deadly force as he would have if, say, he shot B with a gun.
Yes he was right that he couldn't breathe when he said he couldn't breathe. The coroner backed that up. Here are details on that:
This kind of proves that it isn't a race thing but a police brutality thing.
http://www.huffingtonpost.com/2012/05/08/kelly-thomas-beating-video_n_1499771.html
You can make noises with a tiny amount of air, but that doesn't mean you are getting enough oxygen to live.
His thorax was compressed but he was able to shout he couldn't breathe at police?
If you are able to make repeated audible statements that you can't breathe then you obviously can breathe and air is getting into your lungs.
YES!!!!!!!! YES!!!!! BINGO!!!!! You got it. He got enough air to scream but not enough to live. Read the case and watch the video.
And all your years of experience in the medical field led you to this conclusion? Or is it just conjecture and speculation on how you think the human body should work?
Yes he was right that he couldn't breathe when he said he couldn't breathe. The coroner backed that up. Here are details on that:
This kind of proves that it isn't a race thing but a police brutality thing.
http://www.huffingtonpost.com/2012/05/08/kelly-thomas-beating-video_n_1499771.html
Sorry, I don't get it. .
I'm relying on mostly physics here and maybe some common sense. How does one shout repeatedly if they have no air in their lungs? If someone is repeatably shouting, should you really be that concerned about their air supply?
Are everyone else years of experience in the medical field somehow able to lead them to make the opposite claim?
You should be a cop. ROFLMFAO!!! Thank you so much for that.
I've seen this claim numerous times. It is false.
Speaking requires an exhalation of air not inhalation. Foe examples if your chest is being compressed you will be able to speak as long as the air in your lungs lasts. You cannot inhale therefore you can't breath.
Tried this last night don't try at home. Take a small plastic bag. Place it over your head and seal at the neck. I was able to talk but could not inhale. If that condition lasts long enough you will lose consciousness.
the real flaw with your thinking is the guy said he couldn't breath and then he died. So it was pretty obvious he could actually be simultaneously telling them he couldn't breath and actually having trouble breathing.
The ultimate catch-22 , the cops can never be charged for choking a man to death....
I'm sure he could have been having trouble breathing. But how exactly is a cop supposed to know that when the guy keeps yelling at the cop? Are cops supposed to believe everything they are being told by someone they are attempting to arrest now?