August 4, 2014
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On July 17th, Officers Daniel Pantaleo and Justin D’Amico approached Eric Garner on suspicion of selling untaxed cigarettes on the streets of Staten Island. As they tried to make an arrest, Pantaleo placed his arm around Garner’s throat, wrestling him to the ground. In widely circulated video footage, Garner can be heard repeatedly saying, “I can’t breathe, I can’t breathe,” as D’Amico pressed Garner’s head against the sidewalk. Eventually, Garner’s body went limp and he stopped struggling. Paramedics were called to the scene, but did nothing, despite onlookers requesting Garner be given CPR or at the very least oxygen. The 43-year-old Garner was transported to an area hospital and pronounced dead.
Following Garner’s death, Pantaleo was stripped of his gun and badge and D’Amico was placed on desk duty while police conducted an internal investigation. The 4 attending paramedics were put on administrative leave. Patrick Lynch, president of the Patrolmen’s Benevolent Association issued a statement in support of Pantaleo and D’Amico, emphasizing Garner’s poor health and his refusal to submit to arrest.
“We believe, however, that if he had not resisted the lawful order of the police officers placing him under arrest, this tragedy would not have occurred,” Lynch said.
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However, Donna Lieberman, executive director of the New York City chapter of the American Civil Liberties Union, said the medical examiner’s findings will almost certainly result in Pantaleo facing a grand jury.
“This case has to go before the grand jury,” Lieberman said. “When the medical examiner rules a case a homicide by chokehold, and the entire world has seen a video of the people responsible for the chokehold, the case is going before the grand jury.”
“It should be chastening to the police department that what the world saw on video was deemed homicide by the medical examiner,” Lieberman added. “The need for thorough and effective retraining of police officers in New York City is essential.”
“My administration will continue to work with all involved authorities, including the Richmond County district attorney, to ensure a fair and justified outcome,” New York Mayor Bill de Blasio said in a statement.
With Garner’s death officially a homicide, the FBI and the U.S. Attorney’s Office are now likely to launch federal investigations into the matter. The Department of Justice is already monitoring the city’s investigation of the incident. New York City Police Commissioner Bill Bratton has vowed his department will retrain officers on the use of force and its rule against the use of a chokehold in any situation. Meanwhile, public sentiment continues to grow in support of Officer Pantaleo being arrested and jailed for murder.
