With all the hoopla over what everyone is calling a choke hold, in the Eric Garner case, everyone is over-looking the obvious failing worthy of disdain. The officers in the Eric Garner case are guilty of failing to do CPR on Garner, once they had him under control.
There Was Never Any Choke Hold
The video clearly shows that Pantaleo had his right arm under Garner’s right arm, with the left around Garner’s neck at first. This is clearly not a choke hold, and could not have restricted Garner’s breath. At some point during the struggle to get Garner to the ground to handcuff him, Pantaleo’s right arm moved to a position over Garner’s right arm. Pantaleo’s right hand can be seen grabbing his left hand or wrist, with his elbows as wide as Garner’s shoulders. Again, not a choke hold by design.
Now, Palento’s left forearm does appear to be pressing against Garner’s throat, which could have restricted his breath. However, the video clearly shows that this was a byproduct of Pantaleo’s attempt to maintain his position on Garner’s back, as Garner struggled to get away. Pantaleo had Garner in this accidental “choke hold” for no more than 13 seconds, AFTER which Garner started saying “I can’t breathe,” which can only be done when breathing.
Force Was Clearly Minimized
As soon as it was clear that his co-workers had regained some degree of control of Garner, Pantaleo released his right arm, to attempt to get Garner’s right hand behind his back, quickly removing his left arm from Garner’s neck to assist in the roll over of Garner. Pantaleo then repositioned himself to a position at Garner’s head.
Here, the video clearly shows that Pantaleo did not have his body weight on Garner, only his hands, pushing down on Garner’s head, to aid in keeping him down, until he was cuffed. Garner was still talking, and therefore breathing. Furthermore, the video also clearly shows that none of the other officers were on top of Garner, once he was down.
Even face down, on a hard surface like concrete, it is not possible to restrict a person’s breathing to a dangerous level, simply by pushing on the back of his head with your hands, because the conturs of the human head, combined with the ability to draw back the lips, make breathing through the mouth possible at about 20-25 degrees from the center of the mouth.
Indictment Was Never Possible
There is no way Pantaleo or any of those officers could have been indictment on any charges of criminal wrong doing, in so far as their use of force, BECAUSE of that video. Even a grand jury of angry black people would have to willfully ignore overwhelming factual evidence to indict them, and that would have made them as bad as they thought the officers were.
NYPD Failed to Render Aid
Garner’s death was not caused by the officers, it was caused by his resisting arrest, his bad health, AND the officers’ failure to attempt CPR on Garner, once they had him under control, and he had clearly stopped breathing. THAT is where the officers contributed to Garner’s death, and YES the officers are guilty of watching Garner die, without even trying to revive him. THAT is where the officers are worthy of disdain, and where they are civily liable for Garner’s death. I can almost guarentee you that every one of them recieved CPRtraining, and that their department regulations require them to render first aid, until EMA arrives. Of course the EMT seemed every bit as indifferent as the officers.
What do you think? Do you see a problem with my analysis? Why do you think the officers handled the situation the way they did? How would you have handled the situation?