man dies after NYPD cop puts him in chokehold

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HomerJS

Lifer
Feb 6, 2002
36,291
28,144
136
I never said that they treated him correctly. Trying reading my posts again. I said that once he stopped breathing that had the absolute requirement to render him aid.

- Merg

Just quoted your question bro.
Since you asked...

The officer broke policy by using that maneuver. And while the officer does appear to be giving a chokehold, can you actually tell from the video how tight he is holding him? You can even see that the guy is so big that the officer can't lock the chokehold down. There were also no injury to his throat or windpipe and only a small bruise on the back of his neck.

And just because a person that is resisting arrest says they can't breathe or something hurts, the police are supposed to just stop trying to arrest them? The cop makes the arrest and then they assist him. Oh, and by the way, if you can say "you can't breathe", that means that you are breathing.

Now, did the cops treat him correctly after he was in cuffs? I don't know. If there was negligence, I could definitely see that being where it was.

As for it being negligent, apparently the GJ didn't think so.

- Merg

My contention is the question should not even be asked since cops did not treat him at all therefore cops did not treat him correctly.
 

The Merg

Golden Member
Feb 25, 2009
1,210
34
91
Just quoted your question bro.


My contention is the question should not even be asked since cops did not treat him at all therefore cops did not treat him correctly.

My point was that when I watched the video, I can't be sure as to when he exactly stops breathing. They turn him on his side once he is in cuffs, which was the correct thing to do. My point was that once he stopped breathing, they need to render aid. We know that he looks unconscious very soon after he is cuffed, but when does he stop breathing? There is nothing else the cops can do except for once he stops breathing they can start rescue breaths and if his pulse stops they can start CPR.

I started to watch the other video that was released that shows after he was handcuffed (I think from inside the shop right there), but haven't been able to watch it completely yet. I'm guessing that the answer to this question might be answered there.

- Merg
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81
EVEN if you think the cops were right in useing a choke hold how can anyone defend NOT giving him aid? that in itself should be grounds in being charged.

it's sad when you hear stories where the cops refuse to give aid. so much for protect and serve eh?
 

HomerJS

Lifer
Feb 6, 2002
36,291
28,144
136
EVEN if you think the cops were right in useing a choke hold how can anyone defend NOT giving him aid? that in itself should be grounds in being charged.

it's sad when you hear stories where the cops refuse to give aid. so much for protect and serve eh?

I believe that would be called negligent homicide.
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
This is all about an illegal black market on the sale of cigarettes in New York. It is about tax evasion and black marketing. It may be more about state and city taxes on cigarettes. I looked at the photo of this guy showing the police officer next to him. The man stood about 6 1/2 feet tall and weighed over 300 lbs. If a large man resists arrest you have to use extreme measures to subdue him.

This is all about a criminal resisting arrest.

Why should honest tax payers care about these criminals that resist arrest?
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
This is all about an illegal black market on the sale of cigarettes in New York. It is about tax evasion and black marketing. It may be more about state and city taxes on cigarettes. I looked at the photo of this guy showing the police officer next to him. The man stood about 6 1/2 feet tall and weighed over 300 lbs. If a large man resists arrest you have to use extreme measures to subdue him.

This is all about a criminal resisting arrest.

Why should honest tax payers care about these criminals that resist arrest?

There are varying degrees of resisting arrest. He didn't attack the cops. He just tried not to get handcuffed.

This guy shouldn't have died.
 

bshole

Diamond Member
Mar 12, 2013
8,315
1,215
126
Watching the video in full, I came away with the impression that the cops were thugs. They look like scarey gang-banging mofos.... completely above and beyond the law. The rules are for us riff-raff. It looks like police departments across the nation are hiring the most testosterone laden confrontional douches they can find and prosecutors/juries and are letting them get away with murder.

This is one of the worst days in American history, it shows to the entire world how utterly broken our supposed justice system is.
 

Londo_Jowo

Lifer
Jan 31, 2010
17,303
158
106
londojowo.hypermart.net
I would like to see the evidence that the Grand Jury had access to in this case as there may be evidence that shows the choke hold was not the cause of death. It only takes 12 of 23 jurors to decide on a "True bill", there has to be something that made them decide that.
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
The guy should not have resisted arrest. The government requires the cops to arrest people for illegally selling cigarettes without paying taxes. The real crime is the tobacco tax.
 

The Merg

Golden Member
Feb 25, 2009
1,210
34
91

xBiffx

Diamond Member
Aug 22, 2011
8,232
2
0

Subyman

Moderator <br> VC&G Forum
Mar 18, 2005
7,876
32
86
I think the chokehold was unnecessary. The large fella obviously wasn't endangering the multitude of police surrounding him. That cop needs to keep his MMA crap at the gym and not use it on old fat guys peddling loose cigs.

I don't see it as a murder charge, but negligent homicide should have gone through to a decent trial.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
This is all about an illegal black market on the sale of cigarettes in New York. It is about tax evasion and black marketing. It may be more about state and city taxes on cigarettes. I looked at the photo of this guy showing the police officer next to him. The man stood about 6 1/2 feet tall and weighed over 300 lbs. If a large man resists arrest you have to use extreme measures to subdue him.

This is all about a criminal resisting arrest.

Why should honest tax payers care about these criminals that resist arrest?

Listen, if you are too stupid to figure out what is going on here, feel free not to add anything.
 

TechBoyJK

Lifer
Oct 17, 2002
16,701
60
91
Just watched O'Reilly's talking points memo on the GJ decision.

Even Bill looks like he just wants to start crying after the video.

It's just sad. My brother got me in a chokehold once when I was little and I couldn't breath and I passed out. The process of not being able to breath and fighting it is terrifying.

The second the guy said 'i cant breathe' they should have gotten off of him, for fucking humanities sake. This was not a violent confrontation until they made it violent.
 

TechBoyJK

Lifer
Oct 17, 2002
16,701
60
91
This is all about an illegal black market on the sale of cigarettes in New York. It is about tax evasion and black marketing. It may be more about state and city taxes on cigarettes. I looked at the photo of this guy showing the police officer next to him. The man stood about 6 1/2 feet tall and weighed over 300 lbs. If a large man resists arrest you have to use extreme measures to subdue him.

This is all about a criminal resisting arrest.

Why should honest tax payers care about these criminals that resist arrest?

The crime was about as petty as selling dimebags of weed.

If it's about 'harm' from the product, then they should unplug every soda vending machine in the city.

If it's about breaking the law for selling tobacco, there's no reason to escalate it to violence.
 

lotus503

Diamond Member
Feb 12, 2005
6,502
1
76
Since I haven't seen the grand jury report, I cant comment on the legality of what happened. However if what occurred is not illegal we need to take a serious look at the law.

Negligent cops are what killed this guy.
 

shortylickens

No Lifer
Jul 15, 2003
82,854
17,365
136
I'm glad there's a DOJ investigation. Even if the cop doesn't go to jail it's a good opportunity to open up these issues and embarrass the police.
They are due for a good reaming.
 

Subyman

Moderator <br> VC&G Forum
Mar 18, 2005
7,876
32
86
Listen, if you are too stupid to figure out what is going on here, feel free not to add anything.

I agree. The people that throw around the "criminal" label to justify beating someone to death are completely off base. At the time he was allegedly was selling cigs. He didn't attack the officers. He showed no signs of wanting to be violent. He's an older, obese man in poor health. He did not deserve to be choke-hold-slammed to the ground and dog piled by six police officers.

Its ridiculous. The officer was fired, but he should have gone to trial as well. It should be negligent homicide because he went against NYPD policy, did not listen to the man's pleas, and did not administer aid.
 

dmcowen674

No Lifer
Oct 13, 1999
54,894
47
91
www.alienbabeltech.com
Watching the video in full, I came away with the impression that the cops were thugs. They look like scarey gang-banging mofos.... completely above and beyond the law. The rules are for us riff-raff. It looks like police departments across the nation are hiring the most testosterone laden confrontional douches they can find and prosecutors/juries and are letting them get away with murder.

This is one of the worst days in American history, it shows to the entire world how utterly broken our supposed justice system is.

It's sad to see the people that support the Police Brutality here and on Facebook.

People I grew up with and thought they valued what America stood for.

America now stands for nothing.

It has become what the people in the U.S. once despised and now embrace.

Very sad indeed.
 

Ichinisan

Lifer
Oct 9, 2002
28,298
1,234
136
I assume even if there were clear video evidence for the Zimmerman Martin case, Zimmerman would still have walked. Obviously, having video evidence and police cams makes no difference. The problem isn't evidence, it is perception. The law always has the upper hand. That should be quite clear by now.

I suppose only when white republican children start dying by the hand of law enforcement will anything be done.
Can you imagine if the tides were turned, the outrage from white republican parents?
Yeah, like that tide would ever happen in America.

Charlie Manson always wanted a race war.
Looks like his wishful thinking was a bit ahead of its time.
Of course Z would have walked. Video would have completely changed the perception of what happened because people would immediately see the media lied to them about the "sweet angel" Martin. A video would have been a HUGE relief for Z and there would be absolutely no public outrage about his case.

What?
The kid was simply walking in an area he was justified to be walking in, unarmed, with candy and a drink.
Naturally, when most people are unjustly challenged for doing nothing, they are going to be quite irritated.
Most white folks have never been asked why they were simply walking on the sidewalk, browsing in a store, or driving down the street.
Most white people have no idea what it is to be challenged for just minding their own business.
Maybe if that were to happen, say once, the white guy would just brush it off.
Twice? Then it gets a bit irritating.
As a general rule? Queue the attitude and justly so.
If a white guy wears a gold watch, he gets complimented.
If a black guy wears the same watch, most assume it was stolen.
At least when it comes to law enforcement.

Martin brutally attacked an innocent man who was doing his job. Martin was not "supposed" to be walking through residents' yards. It probably wasn't illegal (unless they had posted "No Trespassing" signs). He was 17 years old. "Young man" is a more appropriate description than "kid." According to his own social media and messages with friends, he participated in brutal street fighting and was obsessed with it. He was disappointed after winning one fight because his opponent didn't bleed enough. In the recording of George Zimmerman's call, he said Martin was looking into windows as he passed through people's yards. You know what? I believe him. Martin's school covered up the fact that he was caught with jewelry and other property from multiple home invasions. The candy and Arizona Watermelon drink Martin was carrying: He was going to make some "fire ass lean" with it. He was already angry after arguing with the store clerk because the clerk refused to sell him cough syrup.

You probably didn't hear about any of that from the biased race-baiting media outlets you pay attention to. :hmm: Don't you feel manipulated?

That said, I've been racially profiled on at least a few occasions for being a white guy in a part of town where I was not expected to be. I understood that these were high crime areas and I was already uncomfortable being there before I was ever stopped. I understood why my presence was unusual. Yes, it was annoying. Annoyance / irritation doesn't give me the right to beat anyone. I understood that the officer was trying to do his job...even if he was going about it the wrong way.

Being "irritated" doesn't give me or you the right to brutally beat a man who was doing his job. GZ is *not* a racist, no matter how hard the media tries to portray him as one. He wasn't even racially profiling.

GZ would still get off the hook if it was on video.
Of course. GZ was innocent. TM beat him brutally.
TM was an angel! Wouldn't you be irritated if you were racially profiled?

I think that's an accurate summary of our exchanges up to now.
 

xBiffx

Diamond Member
Aug 22, 2011
8,232
2
0
You might read Andrew McCarthy's take. I think he's looked at precisely what you're talking about.

http://www.nationalreview.com/article/393933/staten-island-decision-andrew-c-mccarthy

Great article. Key points that I found interesting.

Understand that intent matters critically in a criminal case. In civil cases, a person who negligently or recklessly injures someone is said to “take his victim as he finds him.” Let’s say A does not know B has a heart condition and intentionally frightens B, who proceeds to suffer a heart attack. A is responsible for all B’s damages, even if they are far heavier than would have occurred if B were an average person. 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.

And.

Here, bear in mind that murder was not the only potential homicide charge at issue. The grand jury would also have been considering such offenses as involuntary manslaughter (i.e., recklessly causing the death of another person) or criminally negligent homicide. To be criminally culpable, the officer need not have intended to kill or even seriously injure Garner. If there is probable cause that Pantaleo acted recklessly or with criminal negligence — i.e., if he acted with an unreasonable degree of force — an indictment for a grade of criminal homicide less serious than murder would be the appropriate result.

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.
 
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