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Title: Racist Cops—or Liberal Slander?
Source: VDare
URL Source: http://www.vdare.com/articles/racist-cops-or-liberal-slander
Published: Dec 4, 2014
Author: Pat Buchanan
Post Date: 2014-12-05 11:12:52 by nativist nationalist
Keywords: None
Views: 17945
Comments: 78

We have found the new normal in America.

If you are truly outraged by some action of police, prosecutors, grand juries, or courts, you can shut down the heart of a great city.

Thursday night, thousands of “protesters” disrupted the annual Christmas tree lighting at Rockefeller Center, conducted a “lie-in” in Grand Central, blocked Times Square, and shut down the West Side Highway that scores of thousands of New Yorkers use to get home.

That the rights of hundreds of thousands of visitors and New Yorkers were trampled upon by these self-righteous protesters did not prevent their being gushed over by TV commentators.

Watching cable, I saw one anguished man cry out from a blocked car that he was trying to get his sick dog to the vet. But his rights were inferior to the rights of protesters to block traffic, chant slogans and vent their moral outrage to TV cameras.

From New York to Washington to Oakland, crowds acted in solidarity to block main arteries at rush hour.

Has President Obama condemned this? Has Eric Holder?

Remarkable. Underlings of Gov. Chris Christie have been under investigation for a year for closing off lanes to the George Washington Bridge. Contrast liberal indignation at Christie, with liberal indulgence of the lawbreaking Thursday night, and you will see what people mean when they talk of a moral double-standard.

What were these protests about? A grand jury on Staten Island voted not to indict NYPD officer Daniel Pantaleo in the death of Eric Garner last July. As the video that has gone global shows, Pantaleo sought to arrest Garner, a 6’5", 350-pound man arrested many times before.

What was Garner doing?

Selling cigarettes one by one on a main street, a public nuisance for the stores and shops in front of which he plied his trade, but not a felony, and surely not a capital offense. A misdemeanor at most.

As Garner backed away and brushed aside attempts to handcuff him, Pantaleo grabbed him from behind by the neck to pull him down, as other cops swarmed in.

Repeatedly, Garner cried, “I can’t breathe!” On the ground he again cried, “I can’t breathe!” And he died there on the sidewalk.

Undeniably, terrible and tragic. Undeniably, not a natural death. And, undeniably, the way Garner was brought down and sat upon, an arm around his neck, contributed to, if it did not cause, his death.

Yet Garner did not die by strangulation. According to the city medical examiner, he died from the “compression of chest and prone positioning during physical restraint by police.”

The cops were holding him down by sitting on him.

As Rep. Peter King said Thursday, “If [Garner] had not had asthma and a heart condition and was so obese, he would not have died.” The Washington Post reports that the medical examiner seemed to confirm this, describing “Garner’s asthma and hypertensive cardiovascular disease as contributing factors.”

Why would a Staten Island grand jury not indict Pantaleo for murder or manslaughter in the death of Eric Garner?

In a word, intent.

Did Pantaleo intend to kill Eric Garner when he arrived on the scene? Did Pantaleo arrive intent on injuring Eric Garner? No and no.

Pantaleo was there to arrest Garner, and if he resisted, to subdue him and then arrest him. That was his job.

Did he use a chokehold, which the NYPD bans, or a takedown method taught at the police academy, as his lawyer contends?

That is for the NYPD to decide. The grand jury, viewing the video, decided that the way Pantaleo brought down Garner was not done with any criminal intent to kill or injure him, but to arrest him.

Garner’s death, they decided, was accidental, caused by Pantaleo and the other NYPD cops who did not intend his injury or death, with Garner’s asthma and heart disease as contributing factors.

Now that grand jury decision may be wrong, but does it justify wild allegations of “racist cops” getting away with “murder”?

This reflexive rush to judgment happens again and again.

We were told Trayvon Martin was shot to death by a white vigilante for “walking while black,” and learned that Trayvon, when shot, had been beating a neighborhood watch guy nearly unconscious, “martial arts style,” while sitting on top of him.

We were told that Ferguson cop Darren Wilson gunned down an unarmed black teenager for walking in the street, and learned that Michael Brown just robbed a convenience store, attacked Wilson in his patrol car, and was shot trying to wrestle away the officer’s gun.

Liberals are imprisoned by a great myth—that America is a land where black boys and men are stalked by racist white cops, and alert and brave liberals must prevent even more police atrocities.

They live in a world of the mind.

The reality: As of 2007, black-on-white violent crime was nearly 40 times as common as the reverse. But liberals can’t give up their myth, for it sustains their pretensions to moral superiority. It defines who they are.

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#1. To: nativist nationalist (#0)

Why would a Staten Island grand jury not indict Pantaleo for murder or manslaughter in the death of Eric Garner?

In a word, intent.

Intent? Buchanan must be kidding.

http://dictionary.law.com/Default.aspx?selected=1209

manslaughter

n. the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter"). Examples: Eddy Hothead gets into a drunken argument in a saloon with his acquaintance Bob Bonehead, and Hothead hits Bonehead over the head with a beer bottle, causing internal bleeding and death. Brent Burgle sneaks into a warehouse intent on theft and is surprised by a security man, whom Burgle knocks down a flight of stairs, killing him. Both are voluntary manslaughter. However, if either man had used a gun, a murder charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another followed by a killing before the passion cools usually limits the charge to voluntary manslaughter and not murder, but prior attacks could convince a District Attorney and a jury that the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

nolu chan  posted on  2014-12-05   15:40:05 ET  Reply   Trace   Private Reply  


#2. To: nolu chan (#1)

In a word, intent.

Intent? Buchanan must be kidding.

Sounds like Pat is right on, using the definition you supplied. The cop was not engaged in a felony, nor reckless behavior. He was doing his job, the job we pay him to do. His job involves interactions with criminals, an activity in which black people are disproportionately represented. That is not the fault of the police, or society, but the black people whose intent is to engage in those crimes.

nativist nationalist  posted on  2014-12-05   20:58:01 ET  Reply   Trace   Private Reply  


#3. To: nativist nationalist (#2)

Sounds like Pat is right on, using the definition you supplied.

Nah. Pat relies on lack of intent. The autopsy ruled it a homicide. The ruling of homicide means an unnatural cause of death, not necessarily a crime. The prohibited choke hold, and the non-care by the EMT's or cops on scene are ample to find probable cause to indict if that was desired.

The death could be attributed to crushing or pressure by other cops while Garner was down. If the grand jury found that to be the major cause, no indictment would follow as all of those cops were granted immunity.

The cop did not do his job the way he was being paid to do it. The choke hold he used has been prohibited in NYC for about twenty years.

The best explanation for the lack of a true bill is:

link

Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.

District Attorney Daniel Donovan only asked grand jurors to consider manslaughter and criminally negligent homicide charges against NYPD Officer Daniel Pantaleo, the cop seen on widely-watched amateur video wrapping his arm around Garner's neck as the heavyset, asthmatic 43-year-old yelled, "I can't breathe!" nearly a dozen times during the July 17 confrontation, the source said.

nolu chan  posted on  2014-12-05   23:29:30 ET  Reply   Trace   Private Reply  


#4. To: nativist nationalist (#0)

Liberals are imprisoned by a great myth—that America is a land where black boys and men are stalked by racist white cops, and alert and brave liberals must prevent even more police atrocities.

Liberals are imprisoned by their own insanity and delusions.

Other Great Liberal Myths:

* Christians are trying to turn the USA into a "Theocracy" (even dopey alleged "conservatives" buy that myth)

* Murdering Pre-born Babies = Women's "Reproductive Rights."

* "Gay" Marriage

* "White Privilege"

* "Homophobia"

* "Islamophobia"

* "Xenophobia"

* "Hate Crime"

* "Separation of Church and State"

* Islam = "Religion of Peace"

* Etc. ad nauseum

Liberator  posted on  2014-12-06   14:38:18 ET  Reply   Trace   Private Reply  


#5. To: nolu chan, nativist nationalist (#1)

Intent? Buchanan must be kidding.

There are two levels of manslaughter: voluntary and involuntary.

Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter")

Ok. How does this case fall under any degree of manslaughter without proving intent?

It was clear to the Grand Jury that the "intent" was solely to subdue a non-compliant perp.

Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

"Charged," yes. "Negligent," and breaking the law by driving recklessly, yes.

Was the fat perp responsible for self-manslaughter? Guilty of negligence of his own body (considering his undisclosed, unknown-to-LE medical condition?) Guilty of breaking vendor laws? Tax evasion? Was he guilty of...being STUPID??

Liberator  posted on  2014-12-07   1:17:16 ET  Reply   Trace   Private Reply  


#6. To: nativist nationalist (#2)

Sounds like Pat is right on, using the definition you supplied. The cop was not engaged in a felony, nor reckless behavior. He was doing his job, the job we pay him to do. His job involves interactions with criminals, an activity in which black people are disproportionately represented.

Indeed.

This case is purely political, blown out of proportion, and a legal sticky wicket for those who argue on the merit of a supposed legal case based on "manslaughter." Can you imagine the mayhem and havoc in the legal system should ALL cases now be required to reviewed with a fine-toothed comb solely to appease the race-baiters and ACLU/SPLC types? Liberal/Leftist attorneys would get rich holding LE as well as the the courts hostage. Chaos and anarchy would reign in NYC and every major city because NO LEO, detective, or prosecutor would risk personal liability by enforcing the law. THIS IS EXACTLY THE LEFT'S GRAND SCHEME.

Liberator  posted on  2014-12-07   1:25:50 ET  Reply   Trace   Private Reply  


#7. To: Liberator (#6)

This case is purely political, blown out of proportion, and a legal sticky wicket for those who argue on the merit of a supposed legal case based on "manslaughter." Can you imagine the mayhem and havoc in the legal system should ALL cases now be required to reviewed with a fine-toothed comb solely to appease the race-baiters and ACLU/SPLC types?

You know how bad they (ACLU/SPLC) would schitt themselves if a black cop was indicted for shooting a white perp? They would change their tune in a big hurry and have to expose themselves for the hypocrites they truly are.

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2014-12-07   9:09:48 ET  Reply   Trace   Private Reply  


#8. To: Liberator, nolu chan (#5)

Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

"Charged," yes. "Negligent," and breaking the law by driving recklessly, yes.

Texas has what they call "Intoxication Manslaughter"...

http://espn.go.com/dallas/nfl/story/_/id/10334414/josh-brent-former-dallas- cowboys-player-convicted-intoxication-manslaughter

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2014-12-07   9:15:45 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#3) (Edited)

and the non-care by the EMT's

Garner didn't die at the scene. While being transported to the hosp by ambulance, he suffered a heart attack, was rendered aid by the EMTs, and died an hour later in the hospital.

Vinny  posted on  2014-12-07   9:38:34 ET  Reply   Trace   Private Reply  


#10. To: Vinny (#9)

and the non-care by the EMT's

Garner didn't die at the scene. While being transported to the hosp by ambulance, he suffered a heart attack, was rendered aid by the EMTs, and died an hour later in the hospital.

Correct, he was not pronounced dead at the scene. He went into obvious distress at the scene and the taxpayer-paid EMTS are clearly shown standing around not performing emergency life-saving care. Nor are the cops calling them to urgently provide care.

The petechial hemorrhages are difficult to dismiss. That he did not die immediately does not change that the maner of death was ruled homicide and the events of the homicide did not occur in either an ambulance or hospital.

nolu chan  posted on  2014-12-07   15:10:07 ET  Reply   Trace   Private Reply  


#11. To: Liberator (#5)

Ok. How does this case fall under any degree of manslaughter without proving intent?

How does negligent anything require intent? You do not have to intend to be negligent, you just have to do it. Negligent homicide connotes a lack of intent to kill.

Was the fat perp responsible for self-manslaughter?

This would be an especially poor defense. Did the officer not see that the alleged perp was fat? Did he act in reckless disregard of of the alleged perp's fatness?

I say alleged as there seems to be no arrest warrant, no statements recorded to sustain a criminal complaint before the arrest, and I have seen no statement of any officer stating that any crime was seen occurring. All I have seen is that the undercover cop claimed that an unnamed person claimed that Garner was selling loosies. Where are the loosies in evidence?

NYC can open up their wallet because they are going to pay.

nolu chan  posted on  2014-12-07   15:26:15 ET  Reply   Trace   Private Reply  


#12. To: CZ82, Liberator (#8)

link

Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.

District Attorney Daniel Donovan only asked grand jurors to consider manslaughter and criminally negligent homicide charges against NYPD Officer Daniel Pantaleo, the cop seen on widely-watched amateur video wrapping his arm around Garner's neck as the heavyset, asthmatic 43-year-old yelled, "I can't breathe!" nearly a dozen times during the July 17 confrontation, the source said.

There is no element of intent to a reckless endangerment charge. It was, obviously, the charge most likely to return an indictment. It was an option not afforded to the grand jury. Neither was § 121.11 Criminal obstruction of breathing or blood circulation which requires an intent to restrict breathing or blood circulation, but the specific intent of the observed chokehold is to restrict either breathing or blood circulation.

http://codes.lp.findlaw.com/nycode/PEN/THREE/H/120/120.20

N.Y. PEN. LAW § 120.20 : NY Code - Section 120.20: Reckless endangerment in the second degree

A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. Reckless endangerment in the second degree is a class A misdemeanor.

http://codes.lp.findlaw.com/nycode/PEN/THREE/H/120/120.25

N.Y. PEN. LAW § 120.25 : NY Code - Section 120.25: Reckless endangerment in the first degree

A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person. Reckless endangerment in the first degree is a class D felony

http://law.onecle.com/new-york/penal/PEN0121.11_121.11.html

New York Penal - Article 121 - § 121.11 Criminal Obstruction of Breathing or Blood Circulation

§ 121.11 Criminal obstruction of breathing or blood circulation.

A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:

a. applies pressure on the throat or neck of such person; or

b. blocks the nose or mouth of such person.

Criminal obstruction of breathing or blood circulation is a class A misdemeanor.

nolu chan  posted on  2014-12-07   18:54:49 ET  Reply   Trace   Private Reply  


#13. To: nolu chan (#10) (Edited)

The petechial hemorrhages are difficult to dismiss. That he did not die immediately does not change that the maner of death was ruled homicide and the events of the homicide did not occur in either an ambulance or hospital.

The ME called it homicide, however, the grand jury returned no bill.

Such is the rule of law.

Vinny  posted on  2014-12-07   19:11:56 ET  Reply   Trace   Private Reply  


#14. To: Vinny (#13)

The ME called it homicide, however, the grand jury returned no bill.

The grand jury is a secret proceeding and we know very little other than the result. The evidence that was presented and how it was presented is secret.

We do know that the grnd jury was not offered Reckless Endangerment or Criminal Obstruction of Breathing or Blood Circulation.

The inevitable civil suit will likely shine some light on the affair. It will be interesting to see whether there is a ruling that Pantaleo actions were outside of his job in applying a prohibited and unlawful chokehold. It may be relevant to liability.

As for the law, we can read that, and as for what happened, we can see and hear it on youtube.

nolu chan  posted on  2014-12-08   0:23:06 ET  Reply   Trace   Private Reply  


#15. To: nolu chan (#14)

We do know that the grnd jury was not offered Reckless Endangerment or Criminal Obstruction of Breathing or Blood Circulation.

You KNOW this based on a newspaper leak?

Really?

Vinny  posted on  2014-12-08   9:12:43 ET  Reply   Trace   Private Reply  


#16. To: Vinny (#15)

We do know that the grnd jury was not offered Reckless Endangerment or Criminal Obstruction of Breathing or Blood Circulation.

You KNOW this based on a newspaper leak?

No. The story was not broken by a newspaper. I previously provided the snippet from NBC 4 New York. That is the NBC flagship TV station at 30 Rock.

link

Staten Island DA Didn't Ask Garner Grand Jury to Consider Reckless Endangerment Charge: Source

Meanwhile, organizers are planning more rallies to protest the grand jury's decision not to indict

By Andrew Siff
NBC 4 New York
Friday, Dec 5, 2014
Updated at 9:15 PM EST

Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.

District Attorney Daniel Donovan only asked grand jurors to consider manslaughter and criminally negligent homicide charges against NYPD Officer Daniel Pantaleo, the cop seen on widely-watched amateur video wrapping his arm around Garner's neck as the heavyset, asthmatic 43-year-old yelled, "I can't breathe!" nearly a dozen times during the July 17 confrontation, the source said.

The story was approvingly picked up and echoed by nearly the entire mainstream press, including Rupert Murdoch's conservative New York Post.

http://nypost.com/2014/12/06/da-didnt-ask-garner-grand-jury-to-weigh-lesser-charges/

DA didn’t ask Garner grand jury to weigh lesser charges

By Rich Calder and Selim Algar
New York Post
December 6, 2014, 6:23am

Staten Island District Attorney Daniel Donovan did not include a lesser charge of reckless endangerment when he presented a grand jury with the case against cop Daniel Pantaleo, it was revealed Friday.

The jury, which chose not to indict Pantaleo in the chokehold death of Eric Garner, was asked to consider only manslaughter and criminally negligent homicide raps, NBC 4 said.

Citing confidentiality laws, the DA’s office would not comment on the proceedings or why it decided not to provide the reckless-endangerment option.

[snip]

nolu chan  posted on  2014-12-08   13:15:53 ET  Reply   Trace   Private Reply  


#17. To: nolu chan (#16)

No. The story was not broken by a newspaper. I previously provided the snippet from NBC 4 New York. That is the NBC flagship TV station at 30 Rock.

The "story" is a leak and it doesn't matter if the recipient was a newspaper or a TV station. The fact remains; you haven't a clue, at this moment in time, what charges Donovan presented to the GJ.

Vinny  posted on  2014-12-08   16:04:09 ET  Reply   Trace   Private Reply  


#18. To: Vinny (#17)

The "story" is a leak and it doesn't matter if the recipient was a newspaper or a TV station. The fact remains; you haven't a clue, at this moment in time, what charges Donovan presented to the GJ.

Believe whatever you choose to believe.

nolu chan  posted on  2014-12-08   18:44:17 ET  Reply   Trace   Private Reply  


#19. To: nolu chan (#18)

Believe whatever you choose to believe.

Thanks, and I won't be confusing a leak with fact.

Vinny  posted on  2014-12-08   19:32:55 ET  Reply   Trace   Private Reply  


#20. To: CZ82 (#7)

You know how bad they (ACLU/SPLC) would schitt themselves if a black cop was indicted for shooting a white perp? They would change their tune in a big hurry and have to expose themselves for the hypocrites they truly are.

Naaah -- the SPLC/ACLU would only do what they also do in cases counter to their subversive agenda: HIDE.

Truth is obvious: The SPLC/ACLU are both themselves HATE GROUPS. They hate based on race (white), creed (Christians), sexual orientation (heterosexual), and a litany of other bigotry.

No one has ever gone after these Commie fronts for their hypocrisy, subversion of the USCON and justice, treason and spiteful treachery. Both orgs are gallows-worthy. And so are their treasonous supporters.

Liberator  posted on  2014-12-10   12:57:52 ET  Reply   Trace   Private Reply  


#21. To: CZ82 (#8)

Texas has what they call "Intoxication Manslaughter"...

That would indeed be negligent and reckless. But addresses a specific condition...

Now compare it ("Manslaughter") to a cop who is trying to control a non-compliant "gentle giant." There's all kinds of latitude in the latter case. But not in the former.

Liberator  posted on  2014-12-10   13:02:10 ET  Reply   Trace   Private Reply  


#22. To: Vinny, nolu chan (#9)

Garner didn't die at the scene. While being transported to the hosp by ambulance, he suffered a heart attack, was rendered aid by the EMTs, and died an hour later in the hospital.

Whoops.

Inconvenient FACTS.

Liberator  posted on  2014-12-10   13:02:59 ET  Reply   Trace   Private Reply  


#23. To: nolu chan, Vinny (#10)

Correct, he was not pronounced dead at the scene. He went into obvious distress at the scene and the taxpayer-paid EMTS are clearly shown standing around not performing emergency life-saving care. Nor are the cops calling them to urgently provide care.

Counselor, you're making quite a few assumptions here, aren't you?

Firstly, Taxpayers pay for LAW ENFORCEMENT as well. That means keeping the peace, addressing nuisances, sweeping riff-raff off the street, AND maintaining public safety. Btw -- Hawking cigarettes (or lemonade) without a license AFTER SEVERAL COURTESY WARNINGS is still illegal -- like it or not.

Secondly, Mr. Fats distress *was* addressed. Unfortunately, the street is NOT an ER. Fact is, you have NO idea what medical care was being administered to Mr. Fats at the scene, or if it appeared to be a "life-saving" situation. Nor whether the cops had called, who they called, and to what sense of "urgency" they conveyed. I can see you're setting up your "negligence" case. Great being a Monday Morning QB, ain't it?

he petechial hemorrhages are difficult to dismiss.

AND diagnosis on a street in the middle of mayhem (that Mr. Fats himself caused.) You'd probably also whine on about the "lack of care" a B-Slapped terrorist hadn't received as well.

Liberator  posted on  2014-12-10   13:15:09 ET  Reply   Trace   Private Reply  


#24. To: nolu chan (#11) (Edited)

How does negligent anything require intent? You do not have to intend to be negligent, you just have to do it. Negligent homicide connotes a lack of intent to kill.

I concede your points. I badly phrased my point.

Was the fat perp responsible for self-manslaughter?

This would be an especially poor defense. Did the officer not see that the alleged perp was fat? Did he act in reckless disregard of of the alleged perp's fatness?

Since they were not blind, the two original LEOs DID note the perp's "alleged" gargantuan girth and height...AND indifference to their "alleged" orders to stop breaking laws and desist in being a neighborhood nuisance. Any physical confrontation would have obviously been a challenge. That's why another half-dozen LEO were called as back up. The "recklessness" is ALL Fat-Boy's, who recklessly dismissed and challenged TWO cops, then a bunch of cops....That was UNTIL he finally decided six cops was so sufficient that he should comply. By that time Fat Boy's reckless decision cost him his life.

Call it 'Death By Darwinism.'

I say alleged as there seems to be no arrest warrant, no statements recorded to sustain a criminal complaint before the arrest, and I have seen no statement of any officer stating that any crime was seen occurring.

I guess we'll have to await another Grand Jury slap down for statements and proof that Mr. Arrested 31 times was just clearly being hassled, and presumptively he was compliant before his 32nd and final arrest.

Liberator  posted on  2014-12-10   13:26:56 ET  Reply   Trace   Private Reply  


#25. To: nolu chan (#12)

Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.

*sob, sniffle*

Did the prosecutors ask the Grand Jury to consider the perp's 31 priors arrests? His dismissing repeated LE presence to cease and desist of his illegal commerce, chronic nuisance, and disturbing the peace? His physical intimidation of the LEOs in blowing them off?

§ 121.11 Criminal obstruction of breathing or blood circulation.

A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she...

Nice try.

Resist simple requests for compliance, and the responsibility of "criminal guilt"is on...THE CRIMINAL.

Btw -- Are you an ACLU/SPLC attorney??

Liberator  posted on  2014-12-10   13:37:35 ET  Reply   Trace   Private Reply  


#26. To: Vinny (#13)

The ME called it homicide, however, the grand jury returned no bill.

Such is the rule of law.

If the pro-Anarchists don't like the results of the law, they conspire to subvert it OR hog-tie LE.

Liberator  posted on  2014-12-10   13:39:29 ET  Reply   Trace   Private Reply  


#27. To: nolu chan (#14)

We do know that the grnd jury was not offered Reckless Endangerment or Criminal Obstruction of Breathing or Blood Circulation.

Lol, you have GOT to be kidding. Your sense of propriety and common sense is sooo...special.

Btw -- I am not offered the option of nullifying the insanity of Anarchists, Commies, and Fascists who are subverting our laws, and ignoring the USCON either. Where's MY recourse??

Why don't you expend your great energy seeking "justice" by investigating why it is that a nationwide epidemic of Blacks has led to assaulting, murdering, and otherwise victimizing WHITEY with impunity??

Liberator  posted on  2014-12-10   13:45:14 ET  Reply   Trace   Private Reply  


#28. To: Liberator (#22)

he suffered a heart attack, was rendered aid by the EMTs, and died an hour later in the hospital.

The Medical Examiner ruled it a homicide. The heart attack resulted from the illegal and prohibited choke hold and the subsequent chest compression while Garner was on the ground. Inconvenient facts.

nolu chan  posted on  2014-12-10   13:48:49 ET  Reply   Trace   Private Reply  


#29. To: Vinny, nolu chan (#15)

We do know that the grnd jury was not offered Reckless Endangerment or Criminal Obstruction of Breathing or Blood Circulation.

You KNOW this based on a newspaper leak?

Really?

Nice catch.

The GJ was sooo "secret" that details hemorrhaged...er...I mean "leaked" to external newspaper sources.

Notice ONLY negative details are leaked. NOT Mr. Fat's arrest record, his "F-U's" to the cops, or that Fat-Boy said "couldn't breathe" nearly a dozen times.

A pathological lying criminal who cries wolf often doesn't get the benefit of doubt in any case.

Liberator  posted on  2014-12-10   13:50:47 ET  Reply   Trace   Private Reply  


#30. To: nolu chan (#28) (Edited)

The Medical Examiner ruled it a homicide.

ANY death is a homicide. Big deal.

The heart attack resulted from the illegal and prohibited choke hold and the subsequent chest compression while Garner was on the ground. Inconvenient facts.

So were the "inconvenient facts" that Fat Boy's arteries were taxed, as was his fatty heart. I also reckon his lungs were adversely affectedly by the weed he smoked. The perp was a walking TIME BOMB.

Another inconvenient fact: If you're not in the best of health -- and you challenge LE request to get your hands behind your back, GET THEM BEHIND YOUR BACK! Another inconvenient fact: If you DON'T, you find yourself physically CLAMPED DOWN and slammed to the ground. EVERYBODY knows this. Even IDIOTS.

Chubby committed Stupid-cide.

Liberator  posted on  2014-12-10   13:55:36 ET  Reply   Trace   Private Reply  


#31. To: Liberator (#23)

Secondly, Mr. Fats distress *was* addressed. Unfortunately, the street is NOT an ER. Fact is, you have NO idea what medical care was being administered to Mr. Fats at the scene,

The video is clear. It appears you have no idea what it shows and does not show.

[T]he petechial hemorrhages are difficult to dismiss.

AND diagnosis on a street in the middle of mayhem

The finding of petechial hemorrhages was made by the Medical Examiner at the morgue.

http://www.nlm.nih.gov/visibleproofs/education/medical/

Medical examiners

Pathologists—medical doctors who specialize in anatomical or functional abnormalities of a human body—with a special forensic training work as medical examiners and conduct medico-legal autopsies. Meet Drs. Marcela Fierro and David Fowler, who speak about their career and experiences as the chief medical examiners of Virginia and Maryland, respectively.

[excerpt]

Petechial hemorrhage

[Dr. Fierro]: Petechial hemorrhages are small pinpoint hemorrhages generally seen and looked for in the lining of the eyes in the conjunctiva, either that of the lids which is called palpebral conjunctiva or the bulbar, that covering the bulb of the eye and they generally are sign of terminal asphyxia. Now what's interesting of course is what causes people to have petechae in the first place and it's generally because there's increased intravascular pressure that causes the small end vessels of the capillaries to rupture. When do you have that? You have that when you breathe against resistance or try and breathe against resistance. So what would cause that? Well, many varieties of asphyxia such as smothering, strangulation, anything that compresses on the neck, while the person is conscious and trying to breathe against it. So generally petechae are something that you need to account for—you have to explain those.

Eric Garner did not compress his own neck or strangle himself.

nolu chan  posted on  2014-12-10   14:03:03 ET  Reply   Trace   Private Reply  


#32. To: Liberator (#29)

You KNOW this based on a newspaper leak?

A leak of information has neither more nor less validity than an official proclamation from the government. This is expecially true when the government is defending its own apparent or blatant misconduct.

The Pentagon Papers were a leak. Investigative reporting relies on leaks. News sources that do not rely on leaks are invalid as providers of news.

No, this did not originate with a leak to a newspaper. It was released by the chief investigative reporter for NBC 4 at 30 Rock in NY. It was picked up and reported by all, or virtually all major print and TV news sources, liberal and conservative. It is attributed by a reliable source to someone with knowledge of the charging documents. The veracity of the report has been uncontested by any news source, or the government.

The Pentagon Papers were a leak. Watergate was a series of leaks. Recently, CIA and other government misconduct resulted from the Manning/Snowden leaks.

Absent leaks, news would be little more than reading or listening to what Josh Earnest et al say on the record.

You may choose to believe what you want. For example, you may choose to believe Eric Garner caused the petechial hemorrhages found in his autopsy. Or you may choose to believe that ambulance or hospital staff did it.

nolu chan  posted on  2014-12-10   14:40:24 ET  Reply   Trace   Private Reply  


#33. To: Liberator (#29)

The GJ was sooo "secret" that details hemorrhaged...er...I mean "leaked" to external newspaper sources.

http://www.foxnews.com/on-air/hannity/transcript/2014/12/04/dr-michael-baden-offers-insight-death-eric-garner

[...]

Joining me now, though, first is forensic pathologist Dr. Michael Baden. He was hired by the Garner family to review the medical examiner's final autopsy.

[...]

BADEN: But I think the autopsy itself -- the medical examiner did a great job on this. There's 27 pages in the report. And the female (ph), she found that there were 10 hemorrhages on the inside of the neck, in the muscles of the neck, petechial hemorrhages in the eye, hemorrhage in the tongue. And those are all evidence of neck compression. You're right, chokehold has many different meanings in all. What we're concerned at autopsy is was there pressure on the neck.

This was sourced from a medical professional who reviewed the actual autopsy report. His factual assertions about what was in the report have not been contested. There were hemorrhages inside the neck and petechial hemorrhages in the eye.

nolu chan  posted on  2014-12-10   14:40:57 ET  Reply   Trace   Private Reply  


#34. To: Liberator (#23)

AND diagnosis on a street in the middle of mayhem (that Mr. Fats himself caused).

I've noticed a lot of that, it almost seems like the KKK has designed the diet for a lot of blacks.

nativist nationalist  posted on  2014-12-10   14:45:29 ET  Reply   Trace   Private Reply  


#35. To: nolu chan (#31)

The video is clear. It appears you have no idea what it shows and does not show.

The video may be clear. True, neither one of us knows exactly what transpired. The video also misses the prelude, and conversations where Garner obviously refused to comply to simple LE requests. The part where Garner forewarns the LE that he has health conditions that *might* cause him to die -- I'm sure THAT'S on tape as well....OH WAIT.

Eric Garner did not compress his own neck or strangle himself.

REALLY?? Now you're going to go with, "Garner was strangled!"??

True, his fat neck *was* compressed in take-down. That's primarily because he didn't understand the English language command, "HANDS BEHIND YOUR BACK." OR, maybe he had an undiagnosed hearing problem.

Liberator  posted on  2014-12-10   14:49:47 ET  Reply   Trace   Private Reply  


#36. To: nolu chan (#32)

No, this did not originate with a leak to a newspaper. It was released by the chief investigative reporter for NBC 4 at 30 Rock in NY.

The semantics of "leak" are irrelevant. I'd like to know how it was that a subversive network that has been an obvious political organ of propaganda for Bammy and the Dems was given this smidgeon of supposed "secret" GJ info....

Could it be to make the Grand Jury, Prosecutor, ANF Law Enforcement give the impression this case was Fixed?? Oooooh Nooooo...MSNBC/NBC and the law-breaking leaker of privied GJ info wouldn't possibly do that...would they??

You may choose to believe what you want. For example, you may choose to believe Eric Garner caused the petechial hemorrhages found in his autopsy. Or you may choose to believe that ambulance or hospital staff did it.

Come on, Nolu. What's your dog in this fight?

Garner is a victim of his own stupidity, negligence, and law breaking. And here you are defending ALL of it, while blaming LE because the behemoth of an intimidating, non-compliant criminal IGNORED commands. And risked his own life. The responsibility is his ALONE.

Liberator  posted on  2014-12-10   14:58:02 ET  Reply   Trace   Private Reply  


#37. To: Liberator (#30)

The Medical Examiner ruled it a homicide.

ANY death is a homicide. Big deal.

Emphasis, screaming CAPS in original. Boldface added.

Nonsense. Do you always just make crap up?

http://science.howstuffworks.com/autopsy2.htm

There are five legally defined manners of death:

  • Natural

  • Accident

  • Homicide

  • Suicide

  • Undetermined

The finding of the Medical Examiner ruled out natural causes, accident, suicide, and undetermined. A homicide is defined as a person being killed by another person. The Medical Examiner ruled that Eric Garner was killed by another person or persons.

Black's Law Dictionary, 6th Ed.

Homicide. The killing of one human being by the act, procurement, or omission of another. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. Criminal homicide is murder, manslaughter or negligent homicide. Model Penal Code, § 1111 et seq. See Manslaughter; Murder.

Negligent homicide. The criminal offense committed by one whose negligence is the direct and proximate cause of another's death. Criminal homicide constitutes negligent homicide when it is committed negligently. Model Penal Code § 210.4(1). Killing of a human being by criminal negligence. La.Rev.St. § 14.32. Although an intentional act is required, it is not necessary, unlike the crime of involuntary manslaughter, that a defendant realize the risk of death involved in his conduct. State v. Fisher, 141 Ariz. 227, 686 P.2d 750, 770 See also Homicide (Vehicular homicide); Negligent manslaughter.

Class dismissed.

nolu chan  posted on  2014-12-10   15:02:15 ET  Reply   Trace   Private Reply  


#38. To: Liberator (#36)

Come on, Nolu. What's your dog in this fight?

Combating ignorance and stupidity.

nolu chan  posted on  2014-12-10   15:04:17 ET  Reply   Trace   Private Reply  


#39. To: nativist nationalist (#34)

AND diagnosis on a street in the middle of mayhem (that Mr. Fats himself caused).

I've noticed a lot of that, it almost seems like the KKK has designed the diet for a lot of blacks.

Yup. It's the KKK, Whitey, the Tea Party, Republicans, Conservatives, NASCAR rednecks, and Christians' fault that non-compliant criminal blacks pack on the LBS, form "petechial hemorrhages" then get "strangled."

Liberator  posted on  2014-12-10   15:06:57 ET  Reply   Trace   Private Reply  


#40. To: Liberator (#35)

[Liberator #23] Fact is, you have NO idea what medical care was being administered to Mr. Fats at the scene, or if it appeared to be a "life-saving" situation.

[nolu chan #31] The video is clear. It appears you have no idea what it shows and does not show.

[Liberator #35] The video may be clear. True, neither one of us knows exactly what transpired. The video also misses the prelude, and conversations where Garner obviously refused to comply to simple LE requests. The part where Garner forewarns the LE that he has health conditions that *might* cause him to die -- I'm sure THAT'S on tape as well....OH WAIT.

You seriously claim that the video is unclear what medical care was administered to Garner at the scene because you don't know what happened before the video???

nolu chan  posted on  2014-12-10   15:11:45 ET  Reply   Trace   Private Reply  



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