So maybe a chance for justice for the officers. Garner was not asphyxiated. He was brought down with a head lock, not choked out. He died because he resisted arrest and was very out of shape. The incident was not "racial" , the cops were ordered by a black female Sgt to make the arrest.-APN
Attorney General Loretta Lynch will step down without the Justice Department's having charged or cleared police officers in the death of Eric Garner, whose videotaped takedown by New York City officers sparked national outrage, people familiar with the matter said.
Lynch authorized the department to move forward with the case but made that decision so late in her tenure that lawyers and investigators could not take all the necessary steps to procure an indictment. That would entail assembling evidence in the case and presenting it to a grand jury in a bid to persuade the panel to return criminal charges.
The controversial case will pass to the administration of President-elect Donald Trump, with the ultimate decision likely to be made by Jeff Sessions, Trump's nominee to be attorney general. Sessions has said publicly that he is wary of police being judged unfairly, and he is viewed as less likely to seek charges against officers involved in Garner's death.
A Justice Department spokesman declined to comment. The people familiar with the matter spoke on the condition of anonymity to discuss an ongoing criminal case.
The Actual Facts of The Eric Garner Case
On Wednesday, a New York grand jury refused to indict Officer Daniel Pantaleo in the death of 43-year-old Eric Garner. Pantaleo is white; Garner is black. That one fact meant that the President of the United States and the Mayor of New York City took to the microphones to denounce American racism. President Obama talked about the “concern on the part of too many minority communities that law enforcement is not working with them and dealing with them in a fair way.” De Blasio went further, of course, calling for “action” and suggesting that the incident represented the culmination of “centuries of racism.”
The “Chokehold.” At issue in this case is the so-called “chokehold” used by Pantaleo. Chokeholds have been banned by the NYPD entirely since 1993; chokeholds are typically defined as holds that prevent people from breathing. Thanks to the video showing Garner stating that he cannot breathe, many pundits have wrongly suggested that Pantaleo was “choking” Garner by depriving him of air from his windpipe. Bratton himself suggested that Pantaleo used a “chokehold,” which is defined by the NYPD as “any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”
That does not appear to have been the case. Garner did not die of asphyxiation, as the head of the Patrolmen’s Benevolent Association noted at the time. The preliminary autopsy showed no damage to Garner’s windpipe or neck bones.
So what was Pantaleo doing? He was applying a submission hold, which is not barred by the NYPD, and is designed to deprive the brain of oxygen by stopping blood flow through the arteries. So say the experts on submission holds.
It appears that the so-called chokehold was instrumental in triggering Garner’s pre-existing health problems and causing his death, but Garner was not choked to death, as the media seems to maintain. According to Garner’s friends, he “had several health issues: diabetes, sleep apnea, and asthma so severe that he had to quit his job as a horticulturist for the city’s parks department. He wheezed when he talked and could not walk a block without resting, they said.”
Excessive Force. There is no clear and concise guideline available on excessive force. According to Mark Henriquez, project manager for the National Police Use of Force Database Project at the International Association of Chiefs of Police, only .44 percent of all force complaints were considered excessive from 1994-1998.
So, in deciding whether a grand jury should have indicted Garner, we should assess the following questions:
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