Posted by moy23 on 12/4/2014 9:44:00 PM (view original):

Posted by bad_luck on 12/4/2014 7:43:00 PM (view original):

Posted by MikeT23 on 12/4/2014 7:39:00 PM (view original):
So we're back to the prosecutor having to "want to" indict someone rather than indicting them because the evidence dictates it?

Do you think Pantaleo committed a crime?

No. It might have been a crime imo had he not released the chokehold once garner hit the ground. Garner continued to talk well after the hold was released. Its unfortunate that garner died but imo the cop did not commit a crime.

So the ME was wrong?

Posted by moy23 on 12/4/2014 10:21:00 PM (view original):

Posted by bad_luck on 12/4/2014 9:52:00 PM (view original):

Posted by moy23 on 12/4/2014 9:44:00 PM (view original):

Posted by bad_luck on 12/4/2014 7:43:00 PM (view original):

Posted by MikeT23 on 12/4/2014 7:39:00 PM (view original):
So we're back to the prosecutor having to "want to" indict someone rather than indicting them because the evidence dictates it?

Do you think Pantaleo committed a crime?

No. It might have been a crime imo had he not released the chokehold once garner hit the ground. Garner continued to talk well after the hold was released. Its unfortunate that garner died but imo the cop did not commit a crime.

So the ME was wrong?

ME was probably right. Garner certainly didn't kill himself. Thus it would make sense to call the death a homicide.

Since the ME is not a judge or on the grand jury his opinion doesn't matter regarding whether or not the police officer 'intended' to kill garner. In this case the officer used the chokehold to take a bigger man, with 31 prior arrests, who was resisting this arrest down. He released the hold once garner was on the ground. Garner continue to speak well after the hold was released. It's unfortunate that garner died but to me it didn't look like the cop intended to kill garner... Nor did it look that way to the prosecutor and the grand jury.

Why would it make sense to call the death a homicide?

Also, negligent homicide doesn't require intent to kill.

You didn't answer the question. A guy died and the ME called it homicide. You said that makes sense because, "he didn't kill himself." Why does that make sense?

Also, police officers have been charged with negligent homicide. Involuntary manslaughter, too.

So you think the ME was wrong and it wasn't a homicide?

Posted by moy23 on 12/4/2014 11:21:00 PM (view original):

Posted by bad_luck on 12/4/2014 11:15:00 PM (view original):
So you think the ME was wrong and it wasn't a homicide?

I think the ME is entitled to his opinion. How would i know if hes right or wrong? WTF are you trying to get at? Spit it out.

I'm asking for your opinion. Do you think the ME was wrong?

No crime was committed.   At most, an officer violated police policy.   A suspension might be in order.

MOY= QUINCY?

The ME said something criminal happened, moy thinks there wasn't, therefore he thinks the ME was wrong.  This is where the argument is now, a medical examiner was incorrect.

Also, Mike posted an article that states that it's incredibly common that prosecutors go easy on cops because they work with them, and they see it as a conflict of interest. So yes, there's an obvious possibility that while there was evidence that suggested there absolutely should be a trial, the DA didn't choose to pursue it for that reason.

The problem you have in a case like this is that Garner had to be restrained.   He was a very large man who was resisting arrest.   Perhaps they could have tasered him.   Maybe that's the last, non-lethal, resort.  Maybe cops are tasked with determining the health risks associated with zapping an individual.   Maybe they zap him and he dies of a heart attack on the spot.   But, I believe, even you know he had to be restrained.   Cops can't allow suspects to resist arrest.   And the DA office can't take the options to restrain suspects out of the hands of the cops.

If you demand blood, go after the people who did not immediately call for medical assistance.   There were dozens of people standing around.