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NYPD chokehold death ruled a homicide

NYC Chokehold Death Ruled Homicide By Medical Examiner

By JAKE PEARSON

NEW YORK (AP) -- The New York City medical examiner ruled Friday that a police officer's chokehold caused the death of a man whose videotaped arrest and final pleas of "I can't breathe!" sparked outrage and led to the announcement of a complete overhaul of use-of-force training for the nation's largest police force.

Eric Garner, 43, a black man whose confrontation with a white police officer has prompted calls by the Rev. Al Sharpton for federal prosecution, was killed by neck compressions from the chokehold as well as "the compression of his chest and prone positioning during physical restraint by police," said medical examiner spokeswoman Julie Bolcer.

Asthma, heart disease and obesity were contributing factors in the death of Garner, a 6-foot-3, 350-pound father of six, she said.



The finding increases the likelihood that the case will be presented to a grand jury to determine whether Daniel Pantaleo, the officer who placed Garner in the chokehold, or any other officers involved in the confrontation will face criminal charges. Pantaleo's attorney, Stuart London, declined to comment Friday.

Garner's wife, Esaw, told the Daily News, "Thank God the truth is finally out."

Mayor Bill de Blasio extended his sympathies to Garner's family in a statement and pledged to continue repairing the relationship between minority communities and the NYPD.

"I've said that we would make change, and we will," he said.

Partial video of the July 17 confrontation shows an officer placing a chokehold on Garner, who was being arrested for selling untaxed, loose cigarettes. He then apparently loses consciousness.

Chokeholds are prohibited by the New York Police Department.

Prosecutors on Staten Island, the borough where the confrontation occurred, are investigating. A spokesman for Daniel Donovan, the Staten Island district attorney, said prosecutors were still investigating the death and awaited a full autopsy report and death certificate from the medical examiner. Donovan will have to determine whether to empanel a grand jury and charge officers in the death of Garner.

Federal officials are monitoring the progress of the New York investigation, Justice Department spokeswoman Dena Iverson said, adding that the department has not begun its own inquiry into the death.

In a statement, police Commissioner Bill Bratton said officials were aware of the medical examiner's findings and said the department is cooperating with prosecutors. He has said the NYPD's use-of-force training is lacking, pledged to retrain all 35,000 officers and dispatched a team to Los Angeles to develop a state-of-the-art program.

Pantaleo was stripped of his gun and badge pending the investigation, and another was placed on desk duty. Two paramedics and two EMTs were suspended without pay.

Patrick Lynch, president of the powerful Patrolmen's Benevolent Association, expressed his sympathies to Garner's family in a statement but noted that Garner "was a man with serious health problems."

"We believe, however, that if he had not resisted the lawful order of the police officers placing him under arrest, this tragedy would not have occurred," he said.

Garner's family will join Sharpton on Saturday to address the medical examiner's ruling, a spokeswoman said.

Ramsey Orta, 22, a friend of Garner's who videotaped his struggle with police, said in an interview that the medical examiner's ruling wasn't surprising.

"I knew that was the cause because I saw it," he said. "Now somebody should get charged."

---

Associated Press writers Eric Tucker in Washington and Jonathan Lemire contributed.

WARNING GRAPHIC. Watch the video below:

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diobuca August 01 2014 at 5:01 PM

Figures Sharpton would show up for this. He never shows up for any other race. If you're Asian, Spanish, or white he stays in his hole.

Flag +101 rate up
51 replies
Colleen's Screen August 01 2014 at 5:01 PM

does Al Sharpton have a team of agents that go out looking for places where he can show up and get his ugly face in the news?

Flag Reply +100 rate up
18 replies
doodoopapah August 01 2014 at 5:02 PM

"Asthma & Obesity were also part of the cause", and the fact he was committing a crime and resisting arrest. No sympathy.

Flag Reply +100 rate up
49 replies
heelots August 01 2014 at 5:05 PM

Sharpton is a disgusting media pimp that really needs to go set in a corner away from anyone and everyone. Sharpton never adds benefit to any discussion or issue, he only detracts. I am not making comments about the choke hold issue, simply saying that Al Sharpton is a clown and should never be included in any serious discussions in this country, further he is a very poor choice as a spokesperson for the black community and only does them a dis-service!

Flag Reply +100 rate up
34 replies
jrefrigman August 01 2014 at 5:08 PM

This is just another case of a person resisting a police officer when told to do something. If he had followed directions then there would have been no conflict and things could have been settled without violence. Doing what the officer says is a win win situation.

Flag +102 rate up
51 replies
tnrunning8 August 01 2014 at 5:06 PM

Here's an idea. Don't resist arrest, or fight with the police. Truthfully, I would rather keep our police alive and safe to return home to their families and we could use a few less criminals. And heaven forbid, if we could just convince people to quit breaking the law, then we wouldn't even need police. So, don't like police? Blame criminals, otherwise we wouldn't have police.

Flag Reply +99 rate up
21 replies
bigshadyobama August 01 2014 at 5:08 PM

WORDS OF ADVICE TO MY HOME BOYS...WHEN A COP SAYS PUT YO HANDS BEHIND YO BACK...DO IT

Flag Reply +99 rate up
25 replies
not.an.obama.zombie August 01 2014 at 5:29 PM

The "chokehold" would not "normally" be an over the top move but when applied this already "Walking Dead" man it was too much.
But hey - now Sharpass and pals (including Huff & AOL) can play this thing raw...

Flag Reply +94 rate up
10 replies
bobcornerstone August 01 2014 at 5:05 PM

I see Al but no Jesse. I have some advice to people like this.......STOP BREAKING THE LAW!

Flag Reply +87 rate up
22 replies
RICHARD August 01 2014 at 5:03 PM

oh well, you break te law, you pay the price--another one bites the dust, good ridance

Flag Reply +77 rate up
34 replies
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