I was watching the Garner video, and a couple things jumped out at me: 1. There was a black sergeant on the scene. 2. They (the cops) saw the videotaping, but did not attempt to chase off the taper. 3. Even though this is a chokehold, this doesnt look like a killer chokehold. (Say for instance, if I were to wrap both hands around a throat and squeeze) 4. Even though we can assume this was racially motivated, what about the cops record? Are there other such encounters? 5. And this is the biggest problem with getting an indictment, the video shows that when the cop disengaged the chokehold, Eric Garner was still talking I cant breathe. In the military the saying is if you can talk, air is passing over your vocal cords, so you are, in fact, breathing. At no point did he say I have asthma, nor could you prove INTENT TO KILL by depravity. Maybe recklessness So, what does this mean? With murder or manslaughter, by law you need INTENT. So what happened here? Clearly, its a wrongful death, and had the prosecutor been going for reckless homicide, it would have been a slam dunk indictment and conviction. But no, we wanted INTENT BASED crimes (for a harsher sentence) and because the evidence doesnt support it (not what we THINK but what actually was recorded) now the cop walks. So this was clearly an overreach. But.... the thing that REALLY upset me, was that until Eric got loud, the cops were saying that they werent there FOR HIM, but for the fight he had just broken up!
Posted on: Thu, 04 Dec 2014 17:39:01 +0000
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