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Police union president says Eric Garner was not put in chokehold

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MANHATTAN (PIX11) — The president of the union representing New York City police officers says Eric Garner was not placed in a chokehold.

The explosive charge was made at a news conference Tuesday at PBA headquarters in lower Manhattan.

“Look at the video in real time not frame by frame. The interaction of bringing this person down to the ground, which was necessary to bring him under arrest, was seconds. When you look at it frame-by-frame, some would say it was a long period of time and it was a chokehold. He was a big man that had to be brought to the ground to be placed under arrest by shorter police officers. Sometimes the use of force is necessary, but it’s never pretty to watch,” Lynch said.

A report by the New York City Medical Examiner released last week ruled that the death was a homicide and listed one of the causes of Garner’s death as a chokehold. PBA President Patrick Lynch called the ME’s report “political.”

Mayor Bill de Blasio defended the report today saying, “I have a lot of respect for the Medical Examiner’s Office in New York City. I think it’s the gold standard in this country for the work they do, the science they use to come up with their answers, and I think that should be respected in and of itself.”

The PBA president and the Sergeant’s Benevolent Association president criticized the mayor and the police commissioner’s handling of the entire situation.

“There’s a lack of respect for law enforcement resulting from the slanderous, insulting and unjust manner in which police officers are being portrayed by race-baiters, politicians, pundits and even our elected officials,” said Lynch.

The union presidents also lashed out at the Rev. Al Sharpton.

“Al Sharpton is not a credible individual. He never has been, yet he’s all over the media. He gets front page,” said SBA President Edward Mullins.

“I do not believe he has credibility. I believe he has an opinion and we will protect his right to give that opinion. But he doesn’t have the right to make up facts. He shouldn’t have the right to sit at the lead table at City Hall and stir up the streets and then it becomes dangerous for police officers,” said Lynch.

Sharpton released a statement Tuesday afternoon in response to the news conference.

“It is time to have a mature conversation about policing rather than immature name calling and childish attempts to scapegoat. Again, we will continue to pursue a fair federal investigation to determine where the facts lie,” Sharpton said.

74 comments

  • thegreatgazoo

    I hope you all know that this illegal choke hold everyone is ranting about is only illegal in the nypd’s patrol guide. Long story short if that would have happened in suffolk or nassau this wouldn’t even be in the news

    • John Doe

      Are you serious? You are definitely uneducated. Placing anyone in a choke hold is a criminal offense. Please refer to Article 121 of the NYS Penal Law.

      ARTICLE 121
      STRANGULATION AND RELATED OFFENSES

      § 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.

      § 121.12 Strangulation in the second degree.
      A person is guilty of strangulation in the second degree when he or
      she commits the crime of criminal obstruction of breathing or blood
      circulation, as defined in section 121.11 of this article, and thereby
      causes stupor, loss of consciousness for any period of time, or any
      other physical injury or impairment.
      Strangulation in the second degree is a class D felony.

      § 121.13 Strangulation in the first degree.
      A person is guilty of strangulation in the first degree when he or she
      commits the crime of criminal obstruction of breathing or blood
      circulation, as defined in section 121.11 of this article, and thereby
      causes serious physical injury to such other person.
      Strangulation in the first degree is a class C felony.

      § 121.14 Medical or dental purpose.
      For purposes of sections 121.11, 121.12 and 121.13 of this article, it
      shall be an affirmative defense that the defendant performed such
      conduct for a valid medical or dental purpose.

      officer Daniel Pantaleo has committed the crime of strangulation in the first, PL 121.13 for his criminal choke hold.

    • John Doe

      officer Daniel Pantaleo has committed multiple NYS felonies in his use of excessive force. The Staten Island D.A. must file criminal charges!

      1) The NYPD prohibits choke hold.

      Section 203-11 of the NYPD Patrol Guide states:
      “Members of the New York City Police Department will NOT use choke holds. A choke hold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”

      2) By applying the prohibited hold, Officer Pantaleo has committed the crime of Strangulation in the 1st degree.

      NYS Penal Law:
      § 121.13 Strangulation in the first degree.
      A person is guilty of strangulation in the first degree when he or she
      commits the crime of criminal obstruction of breathing or blood
      circulation, as defined in section 121.11 of this article, and thereby
      causes serious physical injury to such other person.
      Strangulation in the first degree is a class C felony.

      3) Eric Garner’s death is a direct result of Officer Pantaleo’s illegal and criminal choke hold. Being a direct result, Pantaleo has committed the crimes of Manslaughter 2nd °, and Criminally negligent homicide.

      NYS Penal Law:
      § 125.15 Manslaughter in the second degree.
      A person is guilty of manslaughter in the second degree when:
      1. He recklessly causes the death of another person.
      Manslaughter in the second degree is a class C felony.

      NYS Penal Law:
      § 125.10 Criminally negligent homicide.
      A person is guilty of criminally negligent homicide when, with
      criminal negligence, he causes the death of another person.
      Criminally negligent homicide is a class E felony.

      ———————–

      NYS Penal Law Definitions:
      § 15.05 (3) “recklessly”.
      A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

      § 15.05 (4) “Criminal Negligence”.
      A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

      The reason I didn’t cite murder in the 1st° or 2nd° under NYS Penal Laws is because the language used within wouldn’t support a murder conviction.

      For example if this officer was charged with murder 1 or 2 there would have to be proof of “intent” (amongst other listed acts) to kill The victim. So if the officer’s only charge was murder 1 or 2 under NYS Law I believe he would be found not guilty due to the language used in each of the subdivisions.

      Please refer to NYS Penal Laws § 125.25 and § 125.27 for language use.

      • thegreatgazoo

        Yes i’m well aware of the penal law. You clearly don’t understand the point i’m making. I hope u didn’t waste to much time compiling all that info

    • John Doe

      If an individual would have put that officer in a choke hold you better believe that that individual would have been charged with one of the criminal offenses under Article 121 of the NYS Penal Law.

      • thegreatgazoo

        Do to your use of a logical fallacy in your first statement anything you say after is pretty much null as far as I’m concerned. But if you want to get technical criminal obstruction of breathing is the MOST that officer should be charged with because MR garner never passed out while the hold was applied and that is the difference between the misd. and the felony

    • John Doe

      If you were clearly aware of the penal law, then why would you state that the choke hold is only illegal in the patrol guide???? As you can see and should of been aware of, it is CLEARLY illegal.

      • thegreatgazoo

        Do some research please. Under state law its not prohibited for an officer to use a choke hold while effecting an arrest

      • John Doe

        @thegreatgazoo logical fallacy… You got to be kidding me. You are misinterpreting and/or misunderstanding the statute. One does not need to pass out. One only needs to do what is stated in the statute. The officer has clearly committed the offense of strangulation in the first. Please take your time to read and understand the law below:

        § 121.13 Strangulation in the first degree.
        A person is guilty of strangulation in the first degree when he or she
        commits the crime of criminal obstruction of breathing or blood
        circulation, as defined in section 121.11 of this article, and thereby
        causes serious physical injury to such other person.
        Strangulation in the first degree is a class C felony.

        § 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

        It’s not that hard to understand. It’s like connecting the dots.

      • John Doe

        @thegreatgazoo Furthermore, the NYS law specifically states under Article 121 of the NYS Penal Law that it is a criminal offense to obstruct an individuals breathing. This law applies to all residents of NYS, whether law officer or civilian.

        The officer knowingly violated the NYPD’s mandate prohibiting choke in the course of an arrest.
        He was given the guidebook and therefore as so far as the NYPD is concerned the officer was informed as to the use of choke holds and the potential dangers that may arise from such use. Therefore, the officer in the course of performing the prohibited and criminal choke hold did so recklessly and with criminal negligence.

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