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A New York prosecutor said Tuesday he would ask a grand jury to consider charges in the death of a black man placed in an apparent chokehold by a white police officer.

Staten Island District Attorney Daniel Donovan announced Tuesday that an extra grand jury will be asked to hear evidence next month in the July 17 death of Eric Garner.

"I assure the public that I am committed to conducting a fair, thorough and responsible investigation into Mr. Garner's death, and that I will go wherever the evidence takes me, without fear or favor," Donovan said in a statement.

NY Police Chokehold Death to Go to Grand Jury - ABC News

 

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As has been stated before, all deaths while in custody or at the hands of the Police go to a Grand Jury. No one gets a free pass.
However, my opinion is that in this case there will be no indictment, because they do not have a strong case under all the facts and circumstances.

The thing out in MO is different. While I support the cop, I do see an argument for manslaughter (NOT MURDER).
The argument being that, assuming the large violent person did indeed "bum rush" him, he should have used the force continuum and used less than lethal force, at least at first, and resorted to the firearm at the necessary time.

I do not say I agree with the argument, I say that I SEE the argument.

Legally, under the laws of that State, he may have been justified in shooting once the person tried to get his gun, a shot was fired, and the person came back for more. I do not know the answer to that.
 

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The media always playing the race card is sickening. If the victim turns out to be of a dark color or "minority" it is immediately categorized as a hate crime and most Americans are fooled by this.
I was born an American (puerto rican) just like all the Afro Americans in this country and considered part of the "minority" yet the mayor media outlets especially the liberal ones believe that the average American is a fool and falls for their BS. It is sad to say but true.....if the victim in this case was of a light complexion there would not be NO big fuss about it.
 

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"A New York prosecutor said Tuesday he would ask a grand jury to consider charges in the death of a black man placed in an apparent chokehold by a white police officer."

Gotta love the media for pouring fuel on an already raging fire. Are the words "black" and "white" really necessary to understand that someone died? I think I would still get the jist if it had read, "A New York prosecutor said Tuesday he would ask a grand jury to consider charges in the death of a man placed in an apparent chokehold by a police officer." While we are at it, why not list their religious denominations too?
 

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"A New York prosecutor said Tuesday he would ask a grand jury to consider charges in the death of a black man placed in an apparent chokehold by a white police officer."

Gotta love the media for pouring fuel on an already raging fire. Are the words "black" and "white" really necessary to understand that someone died? I think I would still get the jist if it had read, "A New York prosecutor said Tuesday he would ask a grand jury to consider charges in the death of a man placed in an apparent chokehold by a police officer." While we are at it, why not list their religious denominations too?
The answer is:

There are more reporters than demonstrators in Ferguson.
 

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As has been stated before, all deaths while in custody or at the hands of the Police go to a Grand Jury. No one gets a free pass.
However, my opinion is that in this case there will be no indictment, because they do not have a strong case under all the facts and circumstances.

The thing out in MO is different. While I support the cop, I do see an argument for manslaughter (NOT MURDER).
The argument being that, assuming the large violent person did indeed "bum rush" him, he should have used the force continuum and used less than lethal force, at least at first, and resorted to the firearm at the necessary time.

I do not say I agree with the argument, I say that I SEE the argument.

Legally, under the laws of that State, he may have been justified in shooting once the person tried to get his gun, a shot was fired, and the person came back for more. I do not know the answer to that.
I have looked at this event closely and the officer should have had a considerable amount of force-on-force training - he!! I'm 67, and a retired scientis, and have of 20 hours of fof training. Mace, TASER, night stick, whatever, there may ahve been other ways of taking down the assailant.

We may never know the true, complete story, now that the Three Horsemen of the Race Card are in Ferguson - Jesse "The Extortionist" Jackson, Al "The Torch" Sharpton and Eric "The Bottom-Feeder" Holder.

What a f'ing mess this thing is.
 

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I have a son working hard on getting into LE field as I have family members in this Honorable field .

I almost wish he would not follow this field in the our tri state area as the LE is hated by the bad guys and Hung out to dry by the press, and then prosecuted buy the same prosecutors that work all day plea barging the bad guys out of jail time to conserve money . this is a real bad time we live in for Law enforcement people. Even the every day joe is becoming biased with all this bad biased press the police are getting.
 

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I have looked at this event closely and the officer should have had a considerable amount of force-on-force training - he!! I'm 67, and a retired scientis, and have of 20 hours of fof training. Mace, TASER, night stick, whatever, there may ahve been other ways of taking down the assailant.

We may never know the true, complete story, now that the Three Horsemen of the Race Card are in Ferguson - Jesse "The Extortionist" Jackson, Al "The Torch" Sharpton and Eric "The Bottom-Feeder" Holder.

What a f'ing mess this thing is.
Again that was not a choke hold. it simple control the head you control the body I am sure you may have learned that in your training. I am sure no matter what force was used to restrain this fellow may have ended with the same results,
 

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Again that was not a choke hold. it simple control the head you control the body I am sure you may have learned that in your training. I am sure no matter what force was used to restrain this fellow may have ended with the same results,
I doubt they could ever get a conviction because his medical conditions contributed to if not indeed caused his death.
 

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As has been stated before, all deaths while in custody or at the hands of the Police go to a Grand Jury. No one gets a free pass.
However, my opinion is that in this case there will be no indictment, because they do not have a strong case under all the facts and circumstances.

The thing out in MO is different. While I support the cop, I do see an argument for manslaughter (NOT MURDER).
The argument being that, assuming the large violent person did indeed "bum rush" him, he should have used the force continuum and used less than lethal force, at least at first, and resorted to the firearm at the necessary time.

I do not say I agree with the argument, I say that I SEE the argument.

Legally, under the laws of that State, he may have been justified in shooting once the person tried to get his gun, a shot was fired, and the person came back for more. I do not know the answer to that.
Interestingly to me, I hold completely opposite views to yours.

In the case of the NYC choking I want that cop to get the book thrown a him. I cannot abide a half dozen cops taking down an unarmed guy and ending up choking him to death with an illegal move. It is the epitome of incompetent police work, just egregious behavior in the extreme and based on what I see the cop should get nailed for it.

On the other hand in Ferguson based on what I've seen so far there was a 300 lb guy with a recent example of violent theft (proven) who was belligerent to a cop (proven) over a reasonable request (even his friend admits they didn't immediately obey the directive to get off the road). If indeed this guy had assaulted the cop in his car after the theft (unproven; waiting on final results), then should this guy have rushed to the cop after already struggling, and the cop did have his gun drawn (probably reasonably if they had been fighting), then shooting him appears to me as reasonable, and the first four bullets wouldn't have worked, which left the two fatal ones.
Again that was not a choke hold. it simple control the head you control the body I am sure you may have learned that in your training. I am sure no matter what force was used to restrain this fellow may have ended with the same results,
It looked chokey to me, but if it didn't meet the definition of a chokehold that is banned, then I couldn't see the necessity for a conviction after all.
 

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Interestingly to me, I hold completely opposite views to yours.

In the case of the NYC choking I want that cop to get the book thrown a him. I cannot abide a half dozen cops taking down an unarmed guy and ending up choking him to death with an illegal move. It is the epitome of incompetent police work, just egregious behavior in the extreme and based on what I see the cop should get nailed for it.

On the other hand in Ferguson based on what I've seen so far there was a 300 lb guy with a recent example of violent theft (proven) who was belligerent to a cop (proven) over a reasonable request (even his friend admits they didn't immediately obey the directive to get off the road). If indeed this guy had assaulted the cop in his car after the theft (unproven; waiting on final results), then should this guy have rushed to the cop after already struggling, and the cop did have his gun drawn (probably reasonably if they had been fighting), then shooting him appears to me as reasonable, and the first four bullets wouldn't have worked, which left the two fatal ones.It looked chokey to me, but if it didn't meet the definition of a chokehold that is banned, then I couldn't see the necessity for a conviction after all.
First of all, I do not know if it was a choke hold and if it was the cause of death. If that can not be proven beyond a reasonable doubt, no case.

As to the cop in Ferguson, while I do support him totally, re-read what I said, I said I SEE the argument. He did shoot an unarmed person, the issue is going to be whether he can articulate why he used deadly force rather than non-lethal force that MAY have been available to him.
 

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Basically the use of deadly force is easy . He believed this 6'3 290 lbs was going to overpower him and kill him and also did earlier in the confrontation. And according to the radio called taunted him that he was going to take the gun away from him. 10 % of cops are killed with their own weapon. Taser ? Maybe but you have one shot, both darts must connect and the charge must work ( it does not always work). Mace /pepper spray doesn't work, there is potential blowback from the wind and now if the guy is wrestling with you, you are just as effected from it as the perpetrator . And remember there were two of them. Oh, yes. And you have a fractured eye socket at this point.
 

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Basically the use of deadly force is easy . He believed this 6'3 290 lbs was going to overpower him and kill him and also did earlier in the confrontation. And according to the radio called taunted him that he was going to take the gun away from him. 10 % of cops are killed with their own weapon. Taser ? Maybe but you have one shot, both darts must connect and the charge must work ( it does not always work). Mace /pepper spray doesn't work, there is potential blowback from the wind and now if the guy is wrestling with you, you are just as effected from it as the perpetrator . And remember there were two of them. Oh, yes. And you have a fractured eye socket at this point.
You are preaching to the choir.
 

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Here is the law in MO. It is pretty clear that once the fine young man had tried to get his gun and a shot was fired, he was legally entitled to shoot him to catch him:



Law enforcement officer's use of force in making an arrest.
563.046. 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.

2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.

3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only

(1) When such is authorized under other sections of this chapter; or

(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or

(b) Is attempting to escape by use of a deadly weapon; or

(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.

4. The defendant shall have the burden of injecting the issue of justification under this section.
 
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