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NYPD Cop Accused of Killing Eric Garner with Chokehold Punished with ‘Desk Duty’

By Jonathan Franks
Published on: 01:00 PST, Jul 20, 2014

Daniel Pantaleo, the 8-year veteran NYPD cop accused of killing Eric Garner with a chokehold on Thursday, was stripped of his gun and badge by his department. According to a report confirmed by ABC News, this NYPD cop will not receive either of these things, at least until after the thorough investigation conducted by both the Internal Affairs and the District Attorney is complete.

What has sparked even more outrage over this incident, however, is what Police Commissioner Bill Bratton has done to Pantaleo as punishment for this chokehold incident. Instead of adding an unpaid suspension to the act of taking away his gun and badge, Bratton simply offered him a “modified assignment” of “desk duty.”

Eric Garner was questioned on a public sidewalk by Pantaleo and his partner on Thursday. He died shortly after being aggressively placed in a chokehold by Pantaleo and then taken down to the ground by several other officers. Garner was 6-foot-3 and weighed nearly 350 pounds. Therefore, this type of aggressive maneuver would have required a strategic and tactical approach in order to ensure everyone’s safety — especially since Garner was unarmed.

However, from the raw footage of the incident which has gone viral since being publicly released, it appears that no tactics or strategies were considered at all. Pantaleo simply decided to use an unexpected chokehold move on Garner from behind. The chokehold was followed by his partner and several other officers pinning Garner down to the ground to detain him and complete their arrest. Even after Garner kept yelling, “I can’t breathe” while being trapped in the chokehold and slammed on the ground, these officers kept him pinned down without letting up. That is, of course, until they realized Garner was unresponsive and required immediate medical attention.

Keep in mind that the chokehold move, according to the departmental policy of the New York Police Department, is prohibited. According to the NYPD patrol guide:

“Members of the NYPD will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe which may prevent or hinder breathing to reduce intakes of air.”

The use of chokeholds became forbidden by the NYPD over 30 years ago, back in 1983. After several suspects were killed by asphyxiation in police custody, according to the New York Daily News, it was agreed that a chokehold would only be used if the officer’s life was threatened. That clearly was not the case when this NYPD cop decided to place Garner in a chokehold, which resulted in in tragedy. It is true that you are to be considered “innocent until proven guilty.” However, Pantaleo was clearly guilty of violating that clearly-stated guideline. He should have at least been suspended or even fired simply for using a chokehold on a suspect during an arrest in the first place.

However, the New York Police Department seems to be protecting Pantaleo and the entire department overall from the public outrage that has ensued. Patrick Lynch, the president of the Policeman’s Benevolent Association, stated in an interview with ABC News that the public should not be in such a rush to pass judgment until the investigation has been completed. During the interview, he stated that:

“At times, when officers are required to make an arrest, they must employ the use of force in order to get compliance from an individual who NYPD policy requires must be rear-cuffed for transport to a precinct. Force, by its very nature, is an ugly thing to witness. Taken out of the context of what is happening, necessary force can be misinterpreted to be excessive by those who are not trained in law enforcement procedures.”

Clearly, Pantaleo was not concerned about his training as a NYPD cop on those “law enforcement procedures” during this attempted arrest when he used a chokehold in a situation that was not life-threatening for him. Instead of being transported “to a precinct,” Garner was transported to an Emergency Room and then a morgue allegedly as a result of Pantaleo’s actions.

The general public has not responded well to any of the events surrounding Garner’s chokehold death — including how the NYPD is handling this matter in the aftermath of Garner’s death. Reverend Al Sharpton has even stepped in to take an active role in seeking justice for Eric Garner and his family.

No matter what actions or punishments are taken by the New York Police Department in regards to this controversial chokehold incident, Esaw Garner will never get to see her husband walk through the front door again. Neither of his six children will get another chance to feel the warmth of their father’s hug. For now, the only way that NYPD Police Officer Daniel Pantaleo will suffer is by having to work behind a desk all day while a lengthy investigation is being conducted instead of using a chokehold on anyone else — for now.

Is that justice?

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