inyati13":2d5240fi said:
gimpyrancher":2d5240fi said:
Such a result for possibly selling one cigarette out of a pack? Do they use an automatic rifle if someone spits on the sidewalk or doesn't feed the parking meter in NY?
When did the punishment stop fitting the crime? 5 "professional" officers and not one of them was able to see that the guy was in life threatening distress? All of them played a part in that unwarranted death.
Gimpy, Please consider this:
When officers engage a belligerent individual regardless of what the initial circumstances are and that engagement escalates, it is a moot point what the original infraction was. An engagement may have originated over someone spitting on the sidewalk but if that individual is belligerent, fails to cooperate with the individuals who are sworn to carry out their legal obligations and perform their duties, then an arrest is the next step in law enforcement protocols. At that point, it does not matter whether the original infraction was selling loose cigarettes or murder. The offender is subject to arrest and that arrest is a sacred obligation and duty the officer. His failure or inability to conduct it is tantamount to a hole in the dike of protection of public heath and safety and providing law enforcement. That the offender resisted arrest is what this is about, not his original infraction.
I often see on this forum comments regarding law enforcement employing Overwhelming force. This is not a contest to see who is stronger or tougher. It is not a contest based on "ole country boy" fairness. It is to ensure that the public is confident that the law of the land can be enforced. To not use Overwhelming force is absolutely stupid!!!!!
Now, having stated my point, the debate should be whether their arrest procedures constitute a breach of protocols or the rights of MR. Garner. A Grand Jury said NO!!!!!
Maybe a Federal investigation will say something else, but don't count on it. I promise you the DA and Jury knew this case would get scrutiny.
PS: I have not followed this closely, but I have watched a couple of those type news cast where they discuss this case. It is shameful how the media presents this. They make it into a TV drama and none of it gets to the fine points of the law!
"none of it gets to the fine points of the law"
Nor, did you. Some of your statements are basically, and patently false because you left out some very important (and obvious) information.
But first--I notice, after going to the trouble of quoting the question, you decided not to answer Gimpy's relatively simple and direct question, but decided to make up an easier one to answer instead. You went off on a tangent which is nothing more than deflection and misdirection--just as some of the media has embarked upon sensationalism (what was once referred to yellow journalism).
But moving on to your very misleading statement..I can say with confidence and truth, that the Grand Jury also did not true bill Officer Panatella on the charge of rape and child abuse in the Garner episode. How can I say that? Because those were not among the charges sought by the prosecutor (for obvious reasons) But, I can still "say" it, and on face value and sensationalism, it just
sounds SO good doesn't it?
Grand juries (and even trial juries) work this way: The prosecution makes a list of charges for which it seeks an indictment. It can be one charge or several--or many.The jury is instructed by both prosecution and Court to consider those charges and
only those charges--NOTHING ELSE. In this case, the jury was instructed to consider 2 charges.
2nd degree Manslaughter.
Criminally negligent homicide.
That, is it--period. The lesser charges of:
Reckless Endangerment,
Violation of departmental protocol,
and Violation of the deceased's civil rights were not on the table--not up for consideration by jury, and according to the information that was released by court order, not listed in The People's complaint by prosecutor/DA Daniel Donovan.
Your allegation that
the Grand Jury said NO! to those charges is a falsehood unless the information in the NBC, Fox, ABC, NY Post, NY Daily News reports (and verified by the DA's office) are all fabrications. The grand jury isn't allowed to consider, much less rule on other charges--one of the "finer points of law" you just chastised the news media for ignoring. Cake looks good under the glass--but can you eat it and still look at it?
Citing confidentiality laws, the DA's office would not comment on the proceedings or why it decided not to provide the reckless-endangerment option.
The 23-person panel concluded Wednesday that there wasn't enough evidence to indict Pantaleo on criminal charges — setting off a wave of protests.
He still faces a federal investigation, departmental charges and civil suits.
Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.
District Attorney Daniel Donovan only asked grand jurors to consider manslaughter and criminally negligent homicide charges against NYPD Officer Daniel Panetleo