By Charles Brooks
Last week, the body of Mr. Eric Garner was laid to rest
after funeral services were held in Brooklyn, New York. Mr. Garner was the
latest victim of NYPD's use of excessive force. His death attracted
international attention and triggered considerable outrage for several reasons.
Mr. Garner was an unarmed African American,
accused for selling cigarettes individually out of the pack – a long
time practice called selling “loosies” – or as media reports state – selling
untaxed cigarettes. For that, he was placed in an illegal police maneuver, the
notorious chokehold. Although NYPD
officials say he “resisted arrest”, the question that needs to be asked is whether
Mr. Garner was actually resisting repeated police harassment?
Mr. Garner is the latest victim killed by police in general,
and by NYPD in particular. Across the country, there have been countless
incidents of brutality and murder – just in recent weeks alone there have been
several incidents caught on video for all to see. Both black men and women viciously attacked
by the police - a disregard of their humanity - and their human rights. Mr.
Garner's case is one that simply unnerves you a bit because of that gnawing
question around whether Mr. Garner’s death was preventable? With his last gasps of life - he
cried out that he couldn’t breathe - several times, hoping the police officers
would have some sense of humanity and allow him to regain his breathing.
No, the officers refused to hear Mr. Garner’s call for them
to recognize his humanity as he struggled to breathe his last gasps of air. He
finally died after the officers pressed their collective weight on a seemingly
dying body. There was a video tape and
although the Police Benevolent Association Union president says the tape is not
enough – he is wrong.
It didn’t take long at all for NYPD’s Patrolmen's Benevolent
Association President Patrick Lynch to warn against reading too much into videos
of arrests. Mr. Lynch stated:
"Videotapes never present all of the facts in a situation. They never capture the criminal act or
offense that brings police action to the scene.
They present an isolated period of a police interaction but never the
entire scenario. That's why it is
necessary when video tapes surface to have a complete review of the facts in
every case before arriving at any conclusion." Mr. Lynch also said that
officers cannot walk away when they have to make an arrest and that what people
are interpreting as a chokehold is actually the officers bringing a
non-compliant arrestee to the ground in order to rear cuff him and that no
conclusions can be drawn until all the facts are determined by an
investigation.
But the tape shows us enough to know what happened in the
critical moments before Mr. Garner was met with a violent death.
In the few seconds before Mr. Garner was placed in an
illegal chokehold and wrestled to the ground, you can see one of the officers
with handcuffs in hand and approaching Mr. Garner. Perhaps it’s the low audio
of the videotape but what is not clear is the officers’ adamant demand that he
turn around and place his hands behind him.
In the beginning of the incident, you can slightly hear the
officer say to Mr. Garner that they were going to take him in – and Mr.
Garner’s reaction to that. But the officers clearly were not moving in on Mr.
Garner at that point – they let Mr. Garner say his peace – while maintaining
their distance. The question here is
what was the turning point – what was said to Mr. Garner in those critical
moments before the officers became violent. The video indicates that Mr. Garner
is reacting to the officers moving in on him – and his hands, his open palms
were in clear view – and were not used to assault the police officer. Mr. Garner’s resistance to arrest is not so
evident but his resistance to the apparent harassment – the stop and frisk
encounters – is clearly evident.
Furthermore, what is not so clear - why was the illegal chokehold used
on Mr. Garner? Was there no other way to secure and contain Mr. Garner without
the inevitable loss of his life?
NYPD’s Patrol Guide clearly states: “Members of the New York
City Police Department 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 or reduce intake of air.”
The Patrol Guide code also states: 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. All members of the
service at the scene of a police incident must:
a. Immediately establish firearms control
b. Use minimum necessary force
c. Employ non-lethal alternatives, as appropriate.
But we can see from the video there is also some history
between Mr. Garner and the officers in question: “…Every time you see me you
want to wrestle with me. I’m tired of it…it stops today…I’m minding my own
business officer, please leave me alone…I told you the last time, please leave
me alone…” The ‘it’ reflects the
harassment that Mr. Garner was subjected to or targeted for.
At this time, this is what we know: Medical examiners have not yet
determined the cause of death, but police said he went into cardiac arrest on
the drive to the hospital. Daniel Pantaleo, the officer who killed Mr. Garner
with the illegal chokehold has had his gun and badge taken away and he’s
reassigned to desk duty; Mr. Pantaleo was sued twice for alleged civil rights
violations; the other officer, Justin Damico has been taken off street duty but
still holds his gun and badge; four emergency workers have been suspended
without pay; the investigation is being conducted by the Staten Island District
Attorney, NYPD Internal Affairs Bureau, New York Inspector General of police
and the Civilian Complaint Review Board.
The Wall Street Journal has reported the
U.S. Attorney General Eric Holder saying the Justice Department is
"closely monitoring" these on-going investigations into the Mr.
Garner’s death. In addition, NYPD Police Commissioner Bill Bratton has ordered
a “thorough review” of NYPD’s training procedures.
We also know that NYPD banned chokeholds in 1994 after the
death of Anthony Baez, who was killed by an officer who used the illegal
maneuver.
But we also know that in despite of the ban against the
illegal chokeholds, there were nevertheless over one thousand complaints filed
with the NY Civilian Complaint Review Board (CCRB) in the last four years
between 2009 and 2013. The CCRB has
announced they will conduct a comprehensive study of the chokehold complaints.