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No indictment for cop in New York chokehold death

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By TOM HAYS and COLLEEN LONG

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I was certain this was a cut and dry case and that the officer would've been indicted for something.

I believe this is a black eye for the image of justice in the US.

The Ferguson case on the other hand was much murkier and less certain.

I thought this case this would spark more outrage and condemnation by the people.

7 ( +10 / -3 )

It seems law enforcement trains to subdue even for the simplest of suspicions. This man, Eric Garner, seemed to be a gentle giant selling untaxed cigarettes as I recall. Not exactly a threat to society.

To call this racial is absurd. He could have been any race, it's. Ore about the heavy handed 'subdue the perpetrator at all costs' mentality. This is the big problem!

8 ( +9 / -2 )

How is this not just a simple case of the police officer going to jail for murder. first the man was selling loose cigarettes so why was there such force? it seems a warning might have been given. also the choke hold take down is illegal in New York city. this case will serve there is no justice in America.

3 ( +5 / -2 )

Nothing will happen unless 30 million people flood the streets demanding a change to the system..............Because its rigged and just pure corruption at work.

2 ( +4 / -2 )

The police are trained to subdue forcibly when even the slightest resistance. The NY officer almost single handedly subdued the quite large Eric Garner. I'd say he did that right. BUT, what I have a problem with is the crime suspected. The guy was known to sell cigarettes, not a violent man as I know. I think the police need to rethink the Subdue At All Costs strategy. If the man was violent, take him down! If he was a bit resistant, talk it through or something. Find a better method!

1 ( +3 / -2 )

The problem that I have with this is that, this was way over excessive. I understand if the suspect doesn't comply, you need to forcibly take them down. But the guy really wasn't doing anything, he didn't attack or move on anyone. I have no doubt this guy was as strong as an Ox, that doesn't give the excuse to choke the guy into submission. Once he uttered " I can't breath" the officers should have immediately released his throat. The officers panicked and I guess for fear the guy could get unruly, he was a big guy and the officer that was choking him wouldn't release his grip, thus knocking the guy unconscious and subsequently as a result, killing the guy. It may have been an accident, I believe so, but the officer was too emotional, cracked under pressure and shouldn't be doing police work if he can't control his emotions like that. I usually go along with the Grand Jury and respect their decisions always, but this one in particular left me befuddled. As to why they didn't indict him is clearly a mystery to me. This was without a doubt abuse of excessive police force.

6 ( +7 / -1 )

I agree mostly Bass, the big problem is the training of law enforcement. Even once suspects are on the ground and seem subdues they will often push the face into the concrete or asphalt! This is in their training to do so.

The bigger picture may be the police state is coming. With the military equipment and the abuse of a human when it is the slightest crime and slightest resistance all rules are out the window!

This has been more and more a problem since police need to "properly arrest" suspected criminals.

-1 ( +3 / -4 )

Horrible decision. I can understand why Darren Wilson wasn't brought to trial. But I cannot understand why the grand jury would not proceed with this case.

1 ( +3 / -2 )

"A video shot by an onlooker and widely viewed on the Internet showed the 43-year-old Garner telling a group of police officers to leave him alone as they tried to arrest him."

Freeze frame there. What are the dynamics? The guy is refusing to be arrested. It' a challenge to them, to authority and to the law. The police at this point cannot just leave. He's a big guy. Would a Tazer be effective or OTT?

Should the police be carrying nets and ropes and stuff for difficult arrests?

-1 ( +2 / -3 )

It's a catch 22 nandakandamanda! They do need to proceed with their arrest however this guy was strong-armed for selling cigarettes! C-mon now! Selling Tobacco cigarettes. Fo find real criminals and stop wasting resources for the great single cigarette busts!!!

Protests forming in NY, justifiably so. Lets hope these are civilized and not a looting excuse.

4 ( +4 / -0 )

3....2....1.... start countdown until Al Sharpon, Jesse Jackson, and he rest of race baiting cabale jumps in. American news are so predictable.

-4 ( +2 / -6 )

The 'quote' Civil rights leader Rev. Al Sharpton (I laugh at the title) is already stirring up racial dived AGAIN!

-5 ( +1 / -6 )

Appalling, but not surprising. A black man gets murdered on camera, and still no indictment. Time to move back to Japan.

3 ( +4 / -1 )

Now this was a wrongful death. And is a blatant case of excessive force in a much more clear cut case than Ferguson.

2 ( +3 / -1 )

If it hadn't been strangulation then the police would have shot him dead while "trying to escape."

0 ( +3 / -3 )

luvjpfam:

" Appalling, but not surprising. A black man gets murdered on camera, and still no indictment. "

What does black have to do with anything? If there was police brutality (and this time, there is a video, so people have a basis to make up their mind), then deal with that. But all these so-called civil rights activists and the media are only interested if the violence is white-on black. If is black-on-white (e.g. the recent case in Utah) it is of no interest. And I understand that by far the biggest crime volume is black-on-black. But again, nobody cares about that.

What is up with this racist tunnel vision?

0 ( +4 / -4 )

If it hadn't been strangulation then the police would have shot him dead while "trying to escape."

You can't say that. Now you are making the accusation that without a doubt, that shooting him would have taken place had he file. You don't know that and none of us know that.

1 ( +3 / -2 )

all these so-called civil rights activists and the media are only interested if the violence is white-on black. If is black-on-white (e.g. the recent case in Utah) it is of no interest.

That's not their fault, and neither does it justify the killing of this man. It's a false equivalency.

If you think it's bad that black cops killing white people does not cause a ruckus, then do something about it. But in regards to the current issue, it's neither here nor there.

3 ( +4 / -1 )

Scott Ryan is right.

If millions dont demand change it just wont happen. So many people in this world being duped by democratic voting system.

@bass4funk,

Most likely they would have shot him. They would have been free to go too. Cops out of control everywhere. Just look up police brutality vids on Youtube. Hundreds of thousands. If you sit back and just watch the Kardashians all the time of course nothing will ever change.

1 ( +4 / -3 )

I just wonder something. What if black cops shot or killed bad white guys contrarily, not indictment for cops? It may happen sooner or later.

0 ( +0 / -0 )

He was sat on. He was put in a choke hold. Both of these are forbidden by the New York PD and other law enforcement agencies around the world. These policeman should be charged, it's a disgrace.

0 ( +0 / -0 )

Having viewed the video, it seemed that Mr Garner did little to resist when he was manhandled to the ground. Two-three cops had their weight on him whilst he was being choked! Several times he iterated that he couldn't breathe! Why was he being arrested so violently?

Why was a chokehold which is invariably fatal done long enough necessary to subdue Mr Garner?

If the American government wishes to avoid a civil war then these cases must not be allowed to spiral out of control....

0 ( +1 / -1 )

Chief Beck of the LAPD just weighed in on the actions of three cops who shot and killed an unarmed man who had led them on a 90 minute (!) chase through LA (he said that they violated established policy), so in addition to the $5 million judgment the family has already received, the door is open for further legal action.

I'll let you guess at the color of the victim.

http://ktla.com/tag/brian-newt-beaird/

-3 ( +0 / -3 )

The fact there is no indictment suggests that Americans are even more lambs to authority than Japanese.

Back in the 70s, there was a case where the cops finally killed a guy after he stole, he robbed, he hijacked .... etc. Someone still tried to place criminal charges on the guy who finally shot him.

While a bit extreme, this attitude of always doubting the authorities is much healthier than the American attitude to police today.

5 ( +5 / -0 )

Having watched the clip, it looks to me like the choke-hold that brought him down was earlier.

They all took too long to get the cuffs on him, and in the meantime some big guys were sitting/kneeling on him and squeezing his head into the sidewalk. These are the guys who should be taking more responsibility.

0 ( +1 / -1 )

What bothers me about the whole thing is why did the NYPD officers tried to subdue Garner like he was a dangerous and armed criminal? And over a relatively petty misdemeanor charge? There's going to be a lot of questions asked at NYPD headquarters over this tragic debacle.

1 ( +1 / -0 )

No indictment for cop in New York chokehold death

I wonder what would have happened to Mr Garner if he had not been part of organized crime? He most likely would have still been alive. You play the game and one day you will have to pay.

The old adage ,"crime doesn't pay" comes to mind in his case.

http://online.wsj.com/articles/new-york-city-police-officer-wont-face-criminal-charges-in-eric-garner-death-1417635275

People who defend career criminals have no regard for the law.

-5 ( +0 / -5 )

@WilliB You just don't get it, which is fine. I can care less what Jesse and Sharpton have to say on this issue, I don't take them seriously. And note I didn't say white-vs-black, you did. I've mentioned this before on this site, police brutality towards black community is too commonplace in America. Sean Bell, Oscar Grant, Eric Gartner, etc the list goes on and on of black people getting murdered by police in general. Furthermore, the fact there is no indictment in this case pretty much shows how black life is valued in America these days.

0 ( +1 / -1 )

You know in Japan when a small crime happens, a lot of cops show up which goes to show how fairly safe Japan is.

I am surprised to see that many police officers taking down one man doing a non-violent crime in NYC. NYC has a lot going on I am sure.

-2 ( +0 / -2 )

@JoeBigs

The old adage ,"crime doesn't pay" comes to mind in his case.

The people of the United States has decided (through their legislature) that most crimes do not equate a death, and a cop has no right to make the decision for an execution himself. These cops have chosen to ignore that instruction.

For that reason alone, they should have been not only indicted, but convicted. Only a few convictions can bring the American cop from their "We are above the law" state.

0 ( +1 / -1 )

It seems law enforcement trains to subdue even for the simplest of suspicions. This man, Eric Garner, seemed to be a gentle giant selling untaxed cigarettes as I recall. Not exactly a threat to society.

To call this racial is absurd. He could have been any race, it's. Ore about the heavy handed 'subdue the perpetrator at all costs' mentality. This is the big problem!

The man would be alive today if he had just submitted to arrest. Then there would have been no need to use ANY method of subdual. Instead, he is on tape telling the officers,

"...every time you see me, you mess with me! I'm TIRED of it. It stops TODAY! Everybody standing here tell you I didn't do NOTHING! I didn't sell NOTHING!

At first glance the supposed "raw" video looks pretty damning and the man sounds relatively benign, right? But then the supposed "raw" video performs a cross-fade transition to more police in view and picks-up just as they're moving in to handcuff the man - completely cutting out any action that might have resulted in a two-officer arrest turning into a six-officer arrest. What happened during all that time that the new officers showed up that the editor of the supposed "raw" YouTube video didn't want people to see? One is left with the assumption that the video that ended up on the virtual cutting-room floor would have made a case for the police action that was employed and therefore not a good example of police excessive use of force.

This is a great example of video being edited to present only one point of view. ALWAYS look for evidence of editing in pictures and videos presented as "proof" of something. If editing is present, then the "proof" has been contaminated and cannot be trusted.

0 ( +2 / -2 )

Per the above, although the man was known to police to sell "loosie" cigarettes, he was not doing anything wrong in this particular instance. According to witnesses, Mr. Gardner had broken up a fight between two other men, and was incensed that the police were treating him disrespectfully.

The man would be alive today if he had just submitted to arrest.

This is the quandary: A citizen who is involved in no unlawful activity is forced to endure illegal treatment at the hands of the police, to the point of his death. What country is this again?

When I say "unlawful activity," I mean this: "wrapping his arm around Garner’s neck in what appeared to be a chokehold, which is banned under NYPD policy."

So, when the NYC police announces to citizens that its police officers have banned the use of chokeholds, and one of their officers decides to use it to the point it kills a person, it signals to the community that the police have no regard for the rules. I'm delighted to see the NYC police following up with an internal investigation.

Hopefully, it won't be a total farce like the grand juries in Staten Island and St. Louis County -- who obviously don't care much about human life.

1 ( +2 / -1 )

Being a policemen is a dangerous job. In the last ten years, NYC has lost more officers in the line of duty than any other department, with 700 deaths. In the U.S., over 1,500 law-enforcement officers died in the line of duty during the past ten years. Probably the most unappreciated work.

2 ( +2 / -0 )

What's really disturbing to me is that, the guy had to die for selling loosies? The cops could have cited him, tasered him. Yes, he didn't comply and he did resist, but this was overkill IMO. Even tackling him to the ground I don't have a particular problem with that, but once the guy shouted he can't breath, the cop needed to pay attention to that. He didn't do that, he was so absorbed in just subduing this guy and putting his knee on his chest the guy suffocated. We had a problem in L.A. in the 80's with the infamous "chokehold" the police were brow beaten by the public and the media for using it, now it's completely outlawed because too many people were dying because of it. But again, I have to say the verdict did surprise me.

0 ( +1 / -1 )

What is up with this racist tunnel vision?

There is no evidence that Garner's death had anything to do with race. The racist tunnel vision is all about political power. The Democrat party has always used race for political purposes. Divide and conquer. Crimes committed by blacks against white people are ignored by the media. The opposite situation is hyped by the media. The media in open support of the Left's agenda give people the impression that there is an epidemic of whites killing black people and the opposite hardly ever occurs. That is hogwash of course. There are recent cases of blacks and black cops killing unarmed white people but the media just does not report that.

The most egregious example of this manipulation by the press is the brutal murders of Channon Christian and Chris Newsome in Tennessee. Five black people car jacked the couples vehicle. They were both gang raped multiple times. Newsome was then shot to death. Channon had Clorox poured down her throat in order to destroy DNA evidence and was then choked to death. The bodies of both victims were later burned. Never heard of this case? Imagine if the races of the perpetrators and the victims were reversed. There would be no chance that the media would not cover such a case.

0 ( +1 / -1 )

Our media (CNN, CBS, ABC, Fox, NBC etc) explained that NY LEA prohibited Chokehold quite while ago.

1 ( +1 / -0 )

The Democrat party has always used race for political purposes.

Crimes committed by blacks against white people are ignored by the media.

The opposite situation is hyped by the media.

Are you trying to say that the Democratic party controls the media?

The most egregious example of this manipulation by the press is the brutal murders of Channon Christian and Chris Newsome in Tennessee.

Horrible as it is, as none of the parties were police, it's not really relevant to the current discussion. If you're trying to provide it as some sort of equivalency, it's a false one.

-2 ( +0 / -2 )

Are you trying to say that the Democratic party controls the media?

They have the same political agenda as the Democrat party. Read up about how Cheryl Atkinson was treated by CBS executives when she reported on stories that were too negative about the Obama Administration. Pay some attention to the stories the media decide to cover. Notice the difference in negative news coverage of the Bush administration as opposed to Obama's.

Most of the mainstream news networks and newspapers have avoided the recently uncovered comments by Jonathan Gruber one of the Obama administrations leading health care consultants. Health care is a hugely controversial issue now and Gruber's comments about the proponents reliance upon the ignorance of Americans in order to get the law passed is relevant to the debate given the falsehoods that were told even by the Obama himself.

Horrible as it is, as none of the parties were police, it's not really relevant to the current discussion. If you're trying to provide it as some sort of equivalency, it's a false one.

My point was to demonstrate the difference in news coverage based on race. Crystal Mangum the Duke rape accuser wasn't a policeman either but her false claims received a tremendous amount of publicity. It turned out to be a lie but it fit the media's stereotypes about race relations in America.

However, cases similar to the Eric Garner and Michael Brown cases that were mostly ignored by national media are the Dillon Taylor case in Utah and the Gilbert Collar case in Alabama. Both unarmed white men killed by black policemen. These cases provide context to the issue but are largely ignored. Why? What is the point of the media emphasizing one aspect of the issue and minimizing another which tells a different story. It only serves to give a false impression that further divides by race and polarizes politically.

-1 ( +1 / -2 )

Then why isn't the Republican news reporting on these things? Fox news has huge viewership in the US. Look at how they managed to turn Benghazi, an absolute nothing, into an issue for a year. If they wanted to, they could turn these unarmed white killings by black officers into issues. Do you think they are being controlled by the Democratic administration?

0 ( +0 / -0 )

Being a policemen is a dangerous job. In the last ten years, NYC has lost more officers in the line of duty than any other department, with 700 deaths.

They could have avoided danger in this instance by ... in the last instance, simply accepting they can't arrest the guy safely that day. There is a point where the crime is so insignificant that any risk to life is unsubstantiated. So he sells a few more cigarettes in the meantime. Big deal.

1 ( +1 / -0 )

Then why isn't the Republican news reporting on these things?

Wolfpack won't answer that because he prefers to worship at the altar of the father of lies.

Peter Beinart of The Atlantic astutely points out the infraction of the black Mr. Garner -- (failure to pay taxes on sales of individual cigarettes) -- and compares it with another tax-cheat: the white rancher, Cliven Bundy. Bundy has been grazing his animals on public lands without paying the required fees. (The amounts that Bundy has shirked greatly exceed Mr. Garner's sales of loosies.)

Note that Bundy is also an avowed racist, who asserts that black people were much better off as slaves.

Now, when agents of the law came to confront Bundy for his tax evasion, his supporters took high-powered rifles and pointed them at the agents. Bundy's supporters are what we might call "Tea Party, Second-Amendment" types. I seriously doubt they would endorse members of largely darker-skinned communities imitating their approach to law enforcement.

1 ( +1 / -0 )

A New York City medical examiner had ruled Garner’s death a homicide caused in part by the chokehold used during the arrest

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NY LEA official was on talk show. He said he is conducting internal investigation. He mentioned chokehods have been prohibited since 1998 *( last digit not sure). and only very special case, it can be used but rare. Asked, he said this is his investigation;

0 ( +0 / -0 )

toshikoDec. 06, 2014 - 05:59AM JST only very special case, it can be used but rare. Asked, he said this is his investigation;

What investigation? Do you consider this situation to be a special case? The police encounter exposed lapses in police tactics and raised questions about the aggressive policing of minor offenses in a time of historically low crime.

0 ( +0 / -0 )

The problem lies in the workings of the grand jury system, which tends to work in favor of law enforcement. Grand juries are not meant to determine a defendant's guilt or punishment. Instead, they decide whether there is probable cause to bring charges against a defendant. It's the trial before the trial. But not really. All the facts are not presented and the witnesses are not subject to intense cross-examination. There are no judges at grand juries, just one lawyer, the prosecutor, who is seeking an indictment. Prosecutors present evidence and witness testimony to determine whether there is probable cause to bring charges against a defendant. Then, the jurors vote. There is no case from the defense, which is why the odds are usually stacked in the prosecutor's favor. And when police officers are the defendants, that can be problem. Prosecutors can be reluctant to investigate the police departments they work with on a regular basis to build other cases. Changes are need by appointing an independent prosecutor, rather than a prosecutor from that jurisdiction, to lead a grand jury investigation of police officers could eliminate potential conflicts of interest.

0 ( +0 / -0 )

@sfjp330DEC. 06, 2014 - 06:19AM JST toshikoDec. 06, 2014 - 05:59AM JST only very special case, it can be used but rare. Asked, he said this is his investigation;

What investigation? Do you consider this situation to be a special case? The police encounter exposed lapses in police tactics and raised questions about the aggressive policing of minor offenses in a time of historically low crime.

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I have no idea dON'T ASK ME. i JUST WROTE WHAT i HEARD ON tv DON'T GET MAD AT ME.

1 ( +1 / -0 )

The reason why there was indictment is because a black female police sergeant ordered the takedown of Garner. She can be seen at the start of the video that went viral. In their rush to judgement by public opinion that this was a white-on-black crime, the MSM failed to include that fact in its narrative. So much for objective journalism in America.

0 ( +0 / -0 )

@toshikoDEC. 06, 2014 - 05:59AM JST A New York City medical examiner had ruled Garner’s death a homicide caused in part by the chokehold used during the arrest

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NY LEA official was on talk show. He said he is conducting internal investigation. He mentioned chokehods have been prohibited since 1998 *( last digit not sure). and only very special case, it can be used but rare. Asked, he said this is his investigation;

''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''

Our media (CNN, CBS, ABC, Fox, NBC etc) explained that NY LEA prohibited Chokehold quite while ago

===============================================================================

@SFP33: I WROTE ABOVE AND THEY ARE NOT MY OPINION. i JUST WROTE WHAT i HEARD ON tv/ pLEASE DON;T GET MAD AT ME BECAUSE THESE ARE NOT MY OPINION. And don't ask me why they said.

0 ( +0 / -0 )

Eric Garner was getting more and more worked up, and the cops were standing around waiting for him to calm down so they could arrest him as they said they were going to. He was probably thinking he would have to face his wife at home, getting arrested again, for something he reckoned he didn't do. He was after all only breaking up a fight, not part of it. They obviously did not have all day to stand there and hear him out. They were all thinking, how are we going to bring this guy down and get the cuffs on him? He can argue back at the station. Meanwhile his blood was up and his heart was pumping.

This was a mixed-race group of cops, and they acted pretty much as a team. Their job is not easy. It's called law enforcement, which suggests use of force, when someone disobeys the law. Which law, was to them was irrelevant right then.

Not wishing to defend them particularly, but I can see why the grand jury did not want to put all the blame on one Italian American cop either. Another series of horrible coincidences leading to a very sad death, with 5% responsibility on each of about 20 factors.

0 ( +1 / -1 )

The law was manipulated to show the officer did not break it. If a ciitzen did the same to another citizen, wrongful death lawsuits would be filed, as well as criminal charges of manslaughter. I found it appalling to see a citizen, who said "I cant breath, and nobody helped him, and then an EMT worker causally took his pulse and carelessly asked if he could hear her. He was already dead but treated as just a piece of meat or something. It was truly the height of injustice all video tapped. Very disturbing indeed

0 ( +1 / -1 )

This is nor my iopinion.

On CNN talk, a city official came out to tell there are very many police officers in NY City Polic Dept and all of them will be retrained sooner or later as they can;t train so many 10,000 cops in short time.

0 ( +0 / -0 )

yabits:

" Peter Beinart of The Atlantic astutely points out the infraction of the black Mr. Garner -- (failure to pay taxes on sales of individual cigarettes) -- and compares it with another tax-cheat: the white rancher "

Err.. what is up with these selective snippets of half-truths? A quick google can show you that Garner, had history of more than 30 arrests dating back to 1980, on charges including assault and grand larceny. At the time of his death, Garner was out on bail after being charged with illegally selling cigarettes, driving without a license, marijuana possession and false impersonation. So, not exactly just a "tax cheat":

And the rancher you refer to has been disputing the land grab by the authorities, which is legally unclear. So your Atlantic writer is really stretching this construct this comparison.

0 ( +0 / -0 )

Feds aren't done with the rancher's supporters; they're still investigating videos of the incident, according to wikipedia.

Law enforcement on the scene were outmanned and outgunned. It was their call, not to start the ball rolling with action from their side. Why should they get shot up just to provide equivalency to other incidents?

As federal agents were involved and aimed at, it's up to Pres. Obama's administration to follow up and resolve this, and to not let perpetrators get away with it.

https://en.wikipedia.org/wiki/Bundy_standoff

0 ( +0 / -0 )

And, by the way, why does the media insist on calling it a "choking death"? He did not die from choking, he die later in the ambulance, and due to his bad health conditition.

Again, I am not particularly defending the cops here, the video looked quite brutal, but the media reporting and the subsequent race baiters are clearly dishonest.

0 ( +0 / -0 )

@WilleB

His priors are irrelevant, he was not resisting arrest and was taken from behind, to the ground by the neck. The glass was shaking to to the violent aggression of the officers, it was not Garners fault as reported. If you have a prior arrest, the chances of you going legit are not that good in most places, as nobody will hire you so they reoffend. This is not a complex calculus problem to process or understand. Its stupid people making stupid decisons that result in tragic consequences. He died due to lack of oxygen to the brain and chest compression due to pressure on one return artery in the neck. Most people who are overweight suffer from some serios ailment like diabetes and heart problems. Lets see, if an orderly in a hospital subdued an excited chronically overweight patient by a chokehold, it would be obscene and untolerated behavior. He was already dead on the ground, while and an EMT worker very casually took his pulse, no CPR was performed. He was seen as a worthless offender who wasnt worth the effort. It was gross negligence, gross criminal misconduct.

0 ( +0 / -0 )

@WillB: The media reported (not insisted) what they are told. They did not say choking death. No media said choking death. Which media are you talking? You are the only saying 'choking death: They say chokehold, not choking.

A New York City medical examiner had ruled Garner’s death a homicide caused in part by the chokehold used during the arrest

-1 ( +0 / -1 )

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