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Re: Anarchists Block FDR Drive

Posted by JayZeeBMT on Wed May 15 13:36:19 2019, in response to Re: Anarchists Block FDR Drive, posted by Spider-Pig on Wed May 15 13:11:54 2019.

The ME ruled that Garner was killed by compression of his neck caused by the application of a chokehold by Pantaleo.

If that is true, then:

1. Pantaleo used a maneuver he knew was both dangerous and forbidden by the NYPD in his attempt to arrest Garner, disregarding the clear and present danger to human life posed by the use of such a maneuver;

2. The use of this forbidden chokehold caused Garner to become unable to breathe;

3. Garner subsequently, and as a direct result of Pantaleo's actions, became unresponsive and later expired.

An ordinary person doing all of these things to Garner would have been charged with assault, criminal obstruction of breathing, and manslaughter or criminally negligent homicide at a minimum.

I will grant that intent on Pantaleo's part is absent, but intent is not a necessary element for murder in New York State. Nevertheless, I didn't ask you if you felt Garner was murdered. I asked you what level of legal responsibility did you think Pantaleo should bear for Garner's death?


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