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Eric Garner: Daniel Pantaleo Not Indicted By Grand Jury

By Tara Dodrill
Published on: 06:55 PST, Dec 3, 2014

The Eric Garner grand jury will not indict the NYPD officer involved in the chokehold death. A Staten Island grand jury cleared Daniel Pantaleo of any wrongdoing in the caught-on-video arrest of Garner, who was peddling loose cigarettes on the street.

The NYPD grand jury came back with a “no bill” decision against after weeks of deliberation. The Eric Garner special grand jury was empaneled in September. The racially charged atmosphere which already surrounds the use of a chokehold by NYPD officer Daniel Pantaleo has caused concerns that a Ferguson riot situation could looming in New York. When asked about preparations for demonstrations and possibly riots after the Daniel Pantaleo grand jury decision, police commissioner Bill Bratton said, “We, as you might expect, are planning accordingly.”

Eric Garner died on July 17, after at least five New York Police Department officers took took the 43-year-old Staten Island man to the sidewalk because he was selling “loosies” or single untaxed cigarettes. Garner was a father of six who had asthma. After the chokehold by Daniel Pantaleo, Garner reportedly lost consciousness, went into cardiac arrest, and died shortly after at a local hospital.

The Staten Island District Attorney’s Office did not announce the list of potential charges against the NYPD officer to the public. Possible criminal charges resulting from the Eric Garner chokehold death as noted by some prosecutors not involved with the case have ranged from second-degree manslaughter to criminally negligent homicide, felony assault, and reckless endangerment. The coroner ruled Eric Garner’s death a homicide but legal experts have largely agreed that murder charges against Daniel Pantaleo were unlikely.

Here is an NYPD handbook excerpt relating to the use of excessive force on suspects and during arrests.

“All uniformed members of the service are responsible and accountable for the proper use of force under appropriate circumstances. Members of the service are reminded that the application of force must be consistent with existing law and with New York City Police Department Values, by which we pledge to value human life and respect the dignity of each individual. Depending upon the circumstances, both federal and state laws provide for criminal sanctions and civil liability against uniformed members of the service, when force is deemed excessive, wrongful or improperly applied.

The primary duty of all members of the service is to preserve human life. Only that amount of force necessary to overcome resistance will be used to effect an arrest or take a mentally ill or emotionally disturbed person into custody. Deadly physical force will be used ONLY as a last resort and consistent with Department policy and the law.

At the scene of a police incident, many members of the service may be present and some members may not be directly involved in taking police actions. However, this does not relieve any member present of the obligation to ensure that the requirements of the law and Department regulations are complied with. Members of the service are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED. [emphasis in original]”

PLEASE WATCH this video: Eric Garner, the minutes after the chokehold. The #NYPD did NOTHING to save this man. https://t.co/DFvlq25v08

— Candice (@Candice427) December 3, 2014

— VICE News (@vicenews) December 3, 2014

Check back with the Inquisitr for more details about the Eric Garner Daniel Pantaleo grand jury decision as additional details become available in the breaking news story.

[Image via: Yeshiva World]

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