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Death of Eric Garner
TimeApprox. 4:45 p.m. (EST)
DateJuly 17, 2014 (2014-07-17)
Location202 Bay Street, Staten Island, New York
CauseCompression of neck (chokehold), compression of chest and prone positioning during physical restraint by police[1]
First reporterDaily News (New York)
Filmed byRamsey Orta[2]
ParticipantsDaniel Pantaleo and Justin Damico (NYPD officers)
OutcomeNo indictment of Pantaleo[3][4]
Deaths1
Litigation$75 million lawsuit filed by Garner's family against New York City, the New York City Police Department (NYPD), and six NYPD officers[5]

On July 17, 2014, Eric Garner died in the Tompkinsville neighborhood of Staten Island, New York, after a police officer put him in an apparent[6][7][8] chokehold for about 19 seconds,[2] a tactic banned by the New York City Police Department (NYPD).[9][10] Garner was initially approached by officer Justin Damico on suspicion of selling "loosies", single cigarettes from packs without tax stamps.[11] After Garner expressed to the police that he was tired of being harassed and that he was not selling cigarettes, officers made the move to arrest Garner. Officer Daniel Pantaleo, also on scene, put his arms around the much taller Garner's neck, applying an apparent chokehold shown in a video recording of the event, which has since gone viral. While lying facedown on the sidewalk surrounded by four officers, Garner is heard repeating "I can't breathe" 11 times.[2] Garner was pronounced dead approximately one hour later at the hospital.[12][13]

After the incident, city medical examiners concluded that Garner was killed by neck compression from the apparent chokehold, along with "the compression of his chest and prone positioning during physical restraint by police". Contributing factors included bronchial asthma, heart disease, obesity, and hypertensive cardiovascular disease.[14][15][16] As a result of Garner's death, four EMTs and paramedics who responded to the scene were suspended without pay on July 21, 2014;[17] officers Damico and Pantaleo were placed on desk duty, and Pantaleo was stripped of his service gun and badge.[18]

On December 3, 2014, a grand jury decided not to indict officer Pantaleo.[19] The event stirred public protests[20] and rallies[21] with charges of police brutality and was broadcast nationally over various media networks.[22][23] Attorney General Eric Holder announced that the Justice Department would launch an "independent, thorough, fair, and expeditious" civil rights investigation into Garner’s death.[24]

Background

Eric Garner

Eric Garner (September 15, 1970 – July 17, 2014) had been employed as a horticulturist at the New York City Department of Parks and Recreation.[24] Garner was a 350-pound (160 kg), 43-year-old, 6'3" (1.91 m) tall, African American man.[9][10] He has been described by his friends as a "neighborhood peacemaker" and as a generous, congenial person.[16] He had six children.[11] Garner had been previously arrested and was out on bail for selling untaxed cigarettes, driving without a license, marijuana possession, and false personation. Garner had a criminal record that includes more than 30 arrests dating back to 1980 on charges such as assault, resisting arrest, grand larceny. An official said the charges include multiple incidents in which he was arrested for selling unlicensed cigarettes.[25][26][27]

Daniel Pantaleo

Daniel Pantaleo is a white[28] New York City Police Department officer who was, at the time of Garner's death, age 29 and living in Eltingville, Staten Island.[29] Pantaleo's father was a New York City Fire Department firefighter, and his uncle was a NYPD officer. He graduated from Monsignor Farrell High School and received a bachelor's degree from College of Staten Island. He joined the NYPD in 2006.[30] Pantaleo was the subject of two civil rights lawsuits in 2013 where plaintiffs accused Pantaleo of falsely arresting them and abusing them. In one of the cases, Pantaleo and other officers ordered two black men to strip naked on the street for a search and the charges against the men were dismissed.[31][32][33]

Death

On July 17, 2014, at 4:45 p.m., Eric Garner was approached by a plainclothes police officer, Justin Damico, in front of a beauty supply store at 202 Bay Street in the Tompkinsville neighborhood in Staten Island. After telling the police officers, "Get away [garbled] for what? Every time you see me, you want to mess with me. I'm tired of it. It stops today. Why would you...? Everyone standing here will tell you I didn't do nothing. I did not sell nothing. Because everytime you see me, you want to harass me. You want to stop me [garbled] Selling cigarettes. I'm minding my business, officer, I'm minding my business. Please just leave me alone. I told you the last time, please just leave me alone."[34] When an attempt to take physical hold of Garner was made, he stated, "Don't touch me, please." He was then put in an apparent chokehold from behind by officer Daniel Pantaleo, and the video shows officer Pantaleo using his hands to push Garner's head down into the sidewalk. Use of the chokehold has been prohibited by New York City Police Department policy since 1993.[35][36] Once down and surrounded by four officers, Garner is heard to repeatedly state, "I can't breathe". According to Police Commissioner Bill Bratton, an ambulance was immediately called to the scene and Garner was transported to Richmond University Medical Center. He went into cardiac arrest while he was in the vehicle and was pronounced dead approximately one hour later at the hospital.[37] A second video apparently taken by a bystander was later released that appears to show that Garner lay motionless and unresponsive for several minutes before an ambulance arrived.[21][38]

Garner's death was recorded by Ramsey Orta, a friend of Garner's.[2][39]

Aftermath

Three weeks after recording his friend's arrest on his cell phone, Ramsey Orta was arrested on weapons charges.[2] Al Sharpton made a statement that prosecuting Orta while also calling him as a witness could constitute a conflict of interest.[2]

Investigation and grand jury

On July 20, 2014, the officer who grabbed Garner by the neck, Daniel Pantaleo,[23] was put on desk duty and stripped of his service handgun and badge.[40] Officer Justin Damico was allowed to keep his badge and handgun but was placed on desk duty.[41] Four of the EMTs and paramedics who responded to Garner's respiratory distress were suspended without pay on July 21,[23] while the hospital where they worked, Richmond University Medical Center, conducted its own investigation into the incident.[42] The two paramedics have since been returned to their regular duties.

Garner's death was found by the New York City Medical Examiner's Office to be a result of compression to the neck, compression to the body, and prone positioning, along with asthma, heart disease and obesity as contributing factors.[43] There was no damage to the windpipe or neckbones.[44] On August 1, the medical examiner's spokesperson, Julie Bolcer, announced that Garner's death has been ruled a homicide.[45] As of December 3, 2014 the United States Department of Justice launched further investigation towards the death.[46]

A grand jury was convened to hear evidence prior to deliberating whether to file charges against Officer Pantaleo. On December 3, 2014, the Staten Island grand jury decided not to indict police officer Daniel Pantaleo.[3][4]

Reaction

Public

Al Sharpton and Eric Garner's wife, Esaw Garner (right), at a protest in Staten Island on July 19, 2014.

Al Sharpton organized a peaceful protest in Staten Island on the afternoon of July 19, and condemned the police's use of the chokehold on Garner, saying that "there is no justification" for it.[47]

On July 29, a protest was held in Times Square, organized by WalkRunFly Productions and poet Daniel J. Watts. The protest was in the form of poetry and many Broadway entertainers participated in the event.[48] Al Sharpton originally planned to lead a protest on August 23, in which participants would drive over the Verrazano–Narrows Bridge, then travel to the site of the altercation and the office of District Attorney Daniel M. Donovan, Jr.[49] This idea was scrapped in favor of Sharpton leading a peaceful march along Bay Street in Staten Island, where Garner died; police estimated that over 2,500 people participated in the march.[50][51]

After the Staten Island grand jury decided not to indict Pantaleo on December 3, people in New York City and San Francisco gathered in protest, demonstrating with several die-ins.[52][53] On December 5, thousands gathered in peaceful protest on the Boston Common in Boston, and then marched around the downtown area, blocking traffic, especially on I-90, in addition to staging "die-ins".[54] Protests also occurred in Chicago, Washington, D.C., Baltimore, and Atlanta.[55] At least 300 people were arrested at the New York City protests on December 4 and 5, most of them for charges of disorderly conduct or refusal to clear the streets, but two for assault on a police officer.[56][57] On December 6, 300 protesters marched in Berkeley, California as well.[58][59]

Politicians

Peter King, a U.S. Representative for New York, stated that if Eric Garner had been healthier, he would not have died after a police officer placed him in a chokehold. "If he had not had asthma, and a heart condition and was so obese, almost definitely he would not have died from this." King added that there "was not a hint" that anyone used any racial epithets, and that if Garner were a "350-pound white guy, he would have been treated the same."[60]

New York City Mayor Bill de Blasio called Garner's death a "terrible tragedy."[61] De Blasio, at a July 31 roundtable meeting in response to the death, convened with police officers and political activists, called upon mutual respect and understanding. On August 1, in a statement, the mayor urged all parties involved to create a dialogue, and find a path "to heal the wounds from decades of mistrust and create a culture where the police department and the communities they protect respect each other".[62][63] New York Governor Andrew Cuomo said that New York State should consider appointing a special prosecutor to handle cases of alleged police brutality. He told CNN: "We have a problem. Let's acknowledge it."[64]

U.S. Attorney General Eric Holder said that the Department of Justice was "closely monitoring" investigations into Garner's death.[65]

Two U.S. Presidents have expressed thoughts about Garner's death. Barack Obama addressed the grand jury's decision by making a speech, stating that Garner's death and the legal outcome of it is an "American problem."[66] Former U.S. President George W. Bush said he found the verdict "hard to understand" and "very sad" in an interview.[67]

Police

As a result of Eric Garner's death, Police Commissioner William Bratton ordered an extensive review of the NYPD's training procedures, specifically focusing on the appropriate amount of force that can be used while detaining a suspect.[68] Patrick Lynch, leader of the police union Patrolmen's Benevolent Association, challenged the claim that a chokehold was used.[69] Police union officials and Pantaleo’s lawyer argued that Pantaleo did not use the chokehold, but instead used a NYPD-taught takedown move because Garner was resisting arrest.[70]

Family

In an interview with CNN, Garner's daughter Erica felt that it was pride and not racism that led to the officer choking her father.[71]

Funeral

A funeral was held for Garner on July 23, 2014, at Bethel Baptist Church in Brooklyn. At the funeral, Al Sharpton gave a speech calling for harsher punitive measures to be taken against the officers responsible for putting Garner in the chokehold.[72]

See also

References

  1. ↑ "Medical Examiner Rules Eric Garner's Death a Homicide, Says He Was Killed By Chokehold". NBC New York. August 12, 2014. Retrieved December 5, 2014.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Lua error in ...ribunto/includes/engines/LuaCommon/lualib/mwInit.lua at line 17: bad argument #1 to 'old_pairs' (table expected, got nil). Cite error: Invalid <ref> tag; name "orta" defined multiple times with different content
  3. ↑ 3.0 3.1 Sanchez, Ray; Debucquoy-Dodley, Dominique (December 3, 2014). "N.Y. cop not indicted in choke hold death". CNN.com. Retrieved December 3, 2014.
  4. ↑ 4.0 4.1 Eversley, Melanie (December 3, 2014). "Lawyer: Cop in chokehold case won't be charged". USA Today. Retrieved December 3, 2014.
  5. ↑ $75 million suit over NYC chokehold death planned, Associated Press, October 7, 2014.
  6. ↑ "Eric Garner death: US orders civil rights inquiry". BBC. December 4, 2014.
  7. ↑ "Eric Garner death: Fresh protests across US cities". BBC. December 5, 2014.
  8. ↑ "Eric Garner: No charges in NY chokehold case". BBC. December 3, 2014.
  9. ↑ 9.0 9.1 Sullivan, C. (July 18, 2014). "Man dies after suffering heart attack during arrest". New York Post. New York City: Jesse Angelo. Retrieved August 10, 2014.
  10. ↑ 10.0 10.1 Goodman, David (August 4, 2014). "Difficult Decisions Ahead in Responding to Police Chokehold Homicide". The New York Times. New York City: Arthur Ochs Sulzberger, Jr. Retrieved August 10, 2014.
  11. ↑ 11.0 11.1 "Two cops pulled off streets, Staten Island DA looking into death of dad of six after NYPD cop put him in chokehold during sidewalk takedown". New York Daily News. New York. July 18, 2014. Retrieved December 3, 2014.
  12. ↑ "Transcript: Mayor de Blasio Holds Media Availability With Police Commissioner Bratton On The Death Of Eric Garner".
  13. ↑ "I can't breathe". The Courier Journal. Retrieved December 5, 2014.
  14. ↑ "Disquiet in NYPD ranks over Bill de Blasio's perceived anti-police stance". The Guardian. London: Guardian News and Media. August 9, 2014. Retrieved August 10, 2014.
  15. ↑ "Medical Examiner Rules Eric Garner's Death a Homicide, Says He Was Killed By Chokehold". NBC New York. August 21, 2014. Retrieved December 3, 2014.
  16. ↑ 16.0 16.1 Blidner, Rachelle (July 21, 2014). "Friends: Man in NYC chokehold case 'gentle giant'". Yahoo! News. Retrieved July 21, 2014.
  17. ↑ Siff, Andrew (July 23, 2014). "4 EMS Workers Suspended Without Pay in Chokehold Arrest". NBC News. Retrieved December 6, 2014.
  18. ↑ "NYPD Officer Daniel Pantaleo Stripped Of Gun, Badge After Chokehold Death". The Huffington Post.
  19. ↑ Eversley, Melanie (December 3, 2014). "Lawyer: No charges in NYC chokehold death; federal inquiry launched". USA Today. Retrieved December 3, 2014.
  20. ↑ Associated Press (July 23, 2014). "'When does your morality kick in': Al Sharpton demands justice in defiant speech against NYPD at funeral of father who died after officer put him choke hold". Mail Online.
  21. ↑ 21.0 21.1 Niraj Chokshi (July 19, 2014). "New video purports to show aftermath of the chokehold that led to Eric Garner's death". The Washington Post. Retrieved July 29, 2014.
  22. ↑ "Commissioner Bratton Expects Lawsuits To Be Filed In Wake Of Eric Garner's Death". CBS. July 27, 2014. Retrieved July 29, 2014.
  23. ↑ 23.0 23.1 23.2 Sanburn, Josh (July 22, 2014). "Behind the Video of Eric Garner's Deadly Confrontation With New York Police". TIME. Retrieved July 29, 2014.
  24. ↑ 24.0 24.1 "Man's Death After Chokehold Raises Old Issue for the Police". The New York Times. July 19, 2014.
  25. ↑ Rebecca Davis O’Brien, Michael Howard Saul and Pervaiz Shallwani (December 4, 2014). "New York City Police Officer Won't Face Criminal Charges in Eric Garner Death". WSJ. Retrieved December 4, 2014.
  26. ↑ Donnelly, Frank. "Misdemeanor cases over alleged untaxed cigarettes preceded fatal police incident with Eric Garner". Retrieved August 8, 2014.
  27. ↑ DeNinno, Nadine. "Eric Garner Died After NYPD Put Him In A Chokehold, Slammed His Head On Ground During Arrest [VIDEO]". International Business Times. Retrieved July 19, 2014.
  28. ↑ Ray Sanchez and Shimon Prokupecz, CNN (December 3, 2014). "N.Y. cop not indicted in chokehold death - CNN.com". CNN.
  29. ↑ Prendergast, Daniel; Schram, Jamie. Officer in chokehold arrest receives death threats online, New York Post, July 22, 2014.
  30. ↑ Eric Garner case: Cop 'model officer,' supporters say, CNN, December 5, 2014.
  31. ↑ "CNN: Anderson Cooper 360 Degrees transcript Dec. 1, 2014". CNN. December 1, 2014. Retrieved December 4, 2014.
  32. ↑ Jonsson, Patrik. NYPD Officer Daniel Pantaleo Stripped Of Gun, Badge After Chokehold Death, Huffington Post, 19 July 2014.
  33. ↑ Jonsson, Patrik. Eric Garner ruled victim of chokehold ‘homicide’: Should a grand jury indict?, Christian Science Monitor, August 2, 2014.
  34. ↑ NYPD Strips Badge, Gun From Cop Involved In Fatal Chokehold, Gothamist, July 20, 2014.
  35. ↑ Ian Fisher (November 24, 1993). "Kelly Bans Choke Holds By Officers". NYT. Retrieved December 6, 2014.
  36. ↑ World News (July 19, 2014). "NYPD Cop in Chokehold Death Loses Gun, Badge". ABC News. Retrieved July 19, 2014.
  37. ↑ "Transcript: Mayor de Blasio Holds Media Availability With Police Commissioner Bratton On The Death Of Eric Garner". Office of the Mayor of New York City. July 18, 2014. Retrieved December 6, 2014.
  38. ↑ Koeske, Zack (July 19, 2014). cops_dug_through_garners_pocke.html "New video shows Eric Garner motionless on ground as police wait for EMS" Check |url= value (help). Staten Island Advance. Retrieved July 19, 2014.
  39. ↑ A Grand Jury Did Indict One Person Involved In Eric Garner's Killing -- The Man Who Filmed It, Nick Wing, Huffington Post, December 3, 2014
  40. ↑ Margolin, Josh; Cliborne, Ron; Crudele, Mark (July 20, 2014). "NYPD Cop's Chokehold May Not Have Caused Serious Injury to Man's Throat". ABC News. Retrieved July 29, 2014.
  41. ↑ Marzulli, John; Parascandola, Rocco; Tracy, Thomas (August 7, 2014). "NYPD No. 3's order to crack down on selling loose cigarettes led to chokehold death of Eric Garner". Daily News.
  42. ↑ Annese, John M. (July 21, 2014). "EMTs and paramedics who responded to Eric Garner have been suspended without pay by hospital". Staten Island Advance. Retrieved July 22, 2014.
  43. ↑ "Medical examiner says chokehold by police officer caused death of NYC man; ruled homicide". Fox News. Associated Press. August 1, 2014. Retrieved December 4, 2014.
  44. ↑ "Man in chokehold had no throat damage".
  45. ↑ Pearson, Jake (August 1, 2014). "Official: Police chokehold caused NYC man's death". Associated Press. Retrieved August 1, 2014.
  46. ↑ "Department of Justice to investigate NY chokehold death: U.S. official". redeyechicago.com. Tribune wire report. December 3, 2014.
  47. ↑ Queally, James (July 19, 2014). "Rev. Al Sharpton leads calls for justice in NYPD chokehold death". Los Angeles Times. Retrieved July 19, 2014.
  48. ↑ I Can't Breathe, YouTube, WalkRunFly Productions, July 29, 2014.
  49. ↑ Allen, Jonathan. Bridge protest over NYC man's arrest death to proceed, Reuters, August 9, 2014.
  50. ↑ "Rev. Al Sharpton Leads March, Rally Over Eric Garner's Death On Staten Island". CBSNewYork/AP. August 23, 2014. Retrieved August 27, 2014.
  51. ↑ BBC News Eric Garner death: Thousands rally in Staten Island BBC August 24, 2014, Accessed August 27, 2014
  52. ↑ Oakland, S.F. protesters denounce police killing of Eric Garner, Vivian Ho, Peter Fimrite and Kale Williams, "San Francisco Chronicle", Wednesday, December 3, 2014
  53. ↑ Peniel Joseph (December 5, 2014), ‘I can’t breathe’: Why Eric Garner protests are gaining momentum, Reuters, Black Lives Matter
  54. ↑ Anderson, Travis. "Thousands protest Eric Garner case in downtown Boston". Boston Globe. Retrieved December 5, 2014.
  55. ↑ "Protesters Halt Traffic On Bridges". New York Daily News. December 5, 2014. |access-date= requires |url= (help)
  56. ↑ 223 Arrested as Protesters, Police Clash in New York City Over Eric Garner Decision, ABC News, December 5, 2014.
  57. ↑ [wsj.com/articles/more-than-200-arrested-in-second-night-of-new-york-city- http://online.wsj.com/articles/more-than-200-arrested-in-second-night-of-new-york-city-protests-1417792930], Wall Street Journal, December 5, 2014.
  58. ↑ Violence Mars new protests in Berkeley, San Francisco Chronicle
  59. ↑ Berkeley protesters smash windows, two officers hurt, Associated Press, December 6, 2014.
  60. ↑ "Peter King Says Eric Garner Would Not Have Died From Chokehold Were He Not Obese".
  61. ↑ Jonsson, Patrik (July 19, 2014). "How minor crime questioning led to chokehold death of Eric Garner". Christian Science Monitor. Retrieved July 19, 2014.
  62. ↑ "Transcript: Mayor de Blasio Hosts Roundtable on Police-Community Relations". Government of New York City. Mayor of New York City. July 31, 2014. Retrieved August 10, 2014.
  63. ↑ "Statement of Mayor Bill de Blasio on the Medical Examiner's Report on the Death of Eric Garner". Government of New York City. Mayor of New York City. August 1, 2014. Retrieved August 10, 2014.
  64. ↑ Larry Celona, Kirstan Conley, Bruce Golding - New York Post - Officers seethe as Hizzoner warns of cop 'dangers' - 5 December 2014 - page 6. Retrieved 7 December 2014.
  65. ↑ Barrett, Devlin (July 25, 2014). "Eric Holder: Justice Department 'Closely Monitoring' Chokehold Probe". Wall Street Journal. Retrieved July 26, 2014.
  66. ↑ Obama Reacts to Eric Garner Decision: 'This is an American Problem', Huffington Post, December 4, 2014.
  67. ↑ George W. Bush weighs in on Eric Garner death, Politico, December 5, 2014.
  68. ↑ Sanchez, Ray. Choke hold by cop killed NY man, medical examiner says, CNN, August 2, 2014.
  69. ↑ Goodman, David (August 5, 2014). "Handling of New York Chokehold Cases 'Disappointing,' Review Board Chief Says". The New York Times. New York City: Arthur Ochs Sulzberger, Jr. Retrieved August 10, 2014.
  70. ↑ Eversley, Melanie; James, Mike (December 4, 2014). "No charges in NYC chokehold death; federal inquiry launched". USA Today. Gannett Company, Inc. Retrieved December 7, 2014.
  71. ↑ Mia de Graaf, Josh Gardner, “This is not a black and white issue...”, Mail Online, 5 December, 2014
  72. ↑ "Sharpton To Officers In Eric Garner Case: 'When Does Your Morality Kick In?'". CBS New York. July 23, 2014. Retrieved July 24, 2014.
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