NY - Officer Daniel Pantaleo used deadly chokehold on Eric Garner, Staten Island, July 2014

[epiphany]

I don't have a link to his criminal record. But here is a link:

"He has a criminal record that includes more than 30 arrests dating back to 1980 on charges such as assault, resisting arrest and grand larceny."

(http://online.wsj.com/articles/new-...minal-charges-in-eric-garner-death-1417635275)

BBM

EG was in his early forties, so WSJ got a hold of his juvie charges?

 

[ATasteOfHoney]

31 arrests for petty crimes is still a petty criminal. Just one who was caught a lot.

I think that (respectfully) it is a flawed theory to assume he was just caught a lot.
For instance, if everyday he committed the same crime but was only arrested 31 times, he probably was pretty lucky.

 

[CoolJ]

BBM

EG was in his early forties, so WSJ got a hold of his juvie charges?

I would really like to see his criminal record. I dont care so much about his arrest record, other than it would be interesting to see how many times he was arrested without a subsequent conviction.

 

[Zuri]

I'm not going to concede points I don't agree with. That would be dishonest. But I do try to be civil.

What I would hope, is that we all have an open mind and look at things without pre-conceived notions or ideas. I learn a lot that way and IMO knowledge is power. We can't change things we don't acknowledge either. I have caught myself so busy being "right" that I failed to see the other POV. when that happens, I am not evolving or growing. Respectfully and simply put.

 

[al66pine]

.... He's using his hands to let them know he's unarmed. They know he's unarmed. He's not reaching for their weapons, not physically attacking them. ....

bbm

Read my post again re: your don't touch me comment. It looked to me like he put his arms up
as though to say I am not a threat. Maybe it is just me and there was something threatening about what he was doing, ...

bbm

Respectfully, MrG 'letting them know' he was unarmed is not complying.
Saying MrG was not reaching for weapons and not physically attacking LE is not complying.
Saying MrG put up his arms is not complying.

By his actions (and words) MrG was resisting arrest.
May not be your idea of resisting arrest, but per NY statute & NY app ct. opn, he resisted arrest.
As posted yesterday--

NY, Resisting Arrest Statute
N.Y. PEN. LAW § 205.30 : NY Code - Section 205.30: Resisting arrest
"A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer fromeffecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor." bbm ^http://codes.lp.findlaw.com/nycode/PEN/THREE/L/205/205.30#sthash.XmAOxmeM.dpuf. ^

NY ct opinion interpreting statute re Resisting Arrest
From crim def atty blog w quotations from NY ct opn.
"... To be clear, an arrest for NY PL 205.30, for example, can be established with an
accused merely pushing away and refusing to place his or her hands where they can be handcuffed.
Despite what an “average” person may believe, to commit Resisting Arrest,
one need not become violent or cause injury to an officer.... See People v. Cherry, 307 NY 308, 311, (1954) ".

"...a recent decision ... In People v. Coley 2013 NY Slip Op 50167 – NY: County Court, Criminal Court 2013, the defendant was accused of Disorderly Conduct ... 'impeding the flow of pedestrian traffic.' After attempting to issue the defendant a summons for his failure to leave the location, ...
The police attempted to handcuff the defendant who “flailed his arms and twisted his body.”
^http://www.newyorkcriminallawyer-blo...html#more-1930 ^
[^My red & bold^].

After reading that, does anyone see MrG's actions differently, as resisting arrest?
Not asking whether you 'agree w statute or ct opinion' or think it's 'stupid' or 'wonderful.
Do you see how NY ct and NY LE would see his actions as resisting arrest?

JM2cts.

 

[jmcgladr]

BBM

EG was in his early forties, so WSJ got a hold of his juvie charges?

That's not specified in the article. But it might be surmised as such, unless the 1980 date is wrong.

 

[Zuri]

I'd characterize that as "expressing frustration." There is some indication that this officer had been harassing EG in the past.

I thought so too initially. I then learned that SG had been arrested nine times I think for the same offense. I would think both SG, the shop owners, LE were all kinda frustrated.

 

[CoolJ]

People need to know that if they are getting arrested they are not allowed to say "please don't arrest me" or else they may get a subsequent beating.
I wonder if this goes for traffic violation too, if I get pulled over for speeding and I say "please officer, don't give me a ticket" does he then have the right to lay a beat down on me for resisting his demands?

 

[jmcgladr]

I thought so too initially. I then learned that SG had been arrested nine times I think for the same offense. I would think both SG, the shop owners, LE were all kinda frustrated.

Maybe so. But cops are professionals and public servants, and should keep their emotions in check while on the job. IMO.

 

[CHERIE.T]

bbm

bbm

Respectfully, MrG 'letting them know' he was unarmed is not complying.
Saying MrG was not reaching for weapons and not physically attacking LE is not complying.
Saying MrG put up his arms is not complying.

By his actions (and words) MrG was resisting arrest.
May not be your idea of resisting arrest, but per NY statute & NY app ct. opn, he resisted arrest.
As posted yesterday--

NY, Resisting Arrest Statute
N.Y. PEN. LAW § 205.30 : NY Code - Section 205.30: Resisting arrest
"A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer fromeffecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor." bbm ^http://codes.lp.findlaw.com/nycode/PEN/THREE/L/205/205.30#sthash.XmAOxmeM.dpuf. ^

NY ct opinion interpreting statute re Resisting Arrest
From crim def atty blog w quotations from NY ct opn.
"... To be clear, an arrest for NY PL 205.30, for example, can be established with an
accused merely pushing away and refusing to place his or her hands where they can be handcuffed.
Despite what an “average” person may believe, to commit Resisting Arrest,
one need not become violent or cause injury to an officer.... See People v. Cherry, 307 NY 308, 311, (1954) ".

"...a recent decision ... In People v. Coley 2013 NY Slip Op 50167 – NY: County Court, Criminal Court 2013, the defendant was accused of Disorderly Conduct ... 'impeding the flow of pedestrian traffic.' After attempting to issue the defendant a summons for his failure to leave the location, ...
The police attempted to handcuff the defendant who “flailed his arms and twisted his body.”
^http://www.newyorkcriminallawyer-blo...html#more-1930 ^
[^My red & bold^].

After reading that, does anyone see MrG's actions differently, as resisting arrest?
Not asking whether you 'agree w statute or ct opinion' or think it's 'stupid' or 'wonderful.
Do you see how NY ct and NY LE would see his actions as resisting arrest?

JM2cts.

thank you!

 

[CoolJ]

bbm

bbm

Respectfully, MrG 'letting them know' he was unarmed is not complying.
Saying MrG was not reaching for weapons and not physically attacking LE is not complying.
Saying MrG put up his arms is not complying.

By his actions (and words) MrG was resisting arrest.
May not be your idea of resisting arrest, but per NY statute & NY app ct. opn, he resisted arrest.
As posted yesterday--

NY, Resisting Arrest Statute
N.Y. PEN. LAW § 205.30 : NY Code - Section 205.30: Resisting arrest
"A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer fromeffecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor." bbm ^http://codes.lp.findlaw.com/nycode/PEN/THREE/L/205/205.30#sthash.XmAOxmeM.dpuf. ^

NY ct opinion interpreting statute re Resisting Arrest
From crim def atty blog w quotations from NY ct opn.
"... To be clear, an arrest for NY PL 205.30, for example, can be established with an
accused merely pushing away and refusing to place his or her hands where they can be handcuffed.
Despite what an “average” person may believe, to commit Resisting Arrest,
one need not become violent or cause injury to an officer.... See People v. Cherry, 307 NY 308, 311, (1954) ".

"...a recent decision ... In People v. Coley 2013 NY Slip Op 50167 – NY: County Court, Criminal Court 2013, the defendant was accused of Disorderly Conduct ... 'impeding the flow of pedestrian traffic.' After attempting to issue the defendant a summons for his failure to leave the location, ...
The police attempted to handcuff the defendant who “flailed his arms and twisted his body.”
^http://www.newyorkcriminallawyer-blo...html#more-1930 ^
[^My red & bold^].

After reading that, does anyone see MrG's actions differently, as resisting arrest?
Not asking whether you 'agree w statute or ct opinion' or think it's 'stupid' or 'wonderful.
Do you see how NY ct and NY LE would see his actions as resisting arrest?

JM2cts.

To answer your last question, I think they pick and choose who they see as resisting arrest, regardless of actions of that person. Do you think everyone who doesn't immediately put there hands behind their backs gets charged for resisting?? What about those who plead not to be arrested... How many of them do you think get charged for resisting arrest? Let's ask our verified LE. Archangel? I know what I think.

 

[Zuri]

Read "Terry Stop" Terry v Ohio. Police have a legal right to assume weapons.

http://en.m.wikipedia.org/wiki/Terry_v._Ohio

 

[epiphany]

I don't but the people that elect these liberal progressive Mayor's and elected officials that have a skewed view of reality do. I see you didn't read the broken window policy. It is a policy that wrongly believes hammering petty crimes into non existence will magically cause major crimes to vanish.

IMO the Broken Windows policy did bring the major crimes rate in NYC down...matter of fact, way down. And I have supported it for decades. NYC is and has been a very very safe city for years now, if not one of the safest cities in the nation.

No need for enforcing Broken Windows Policy in NYC to this extent anymore, though at one time there was. All IMO

 

[CoolJ]

I believe strongly that people in other neighborhoods and with different backgrounds (without getting into "forbidden" subjects) would not have been treated with such suspicion, if they had the same reaction to an attempted arrest. There is definitely massive profiling going on, and a much more forceful reaction than we would have seen in other circumstances. IMO.

Oh I agree with you on that. But I have a Funny feeling nobody here is going to believe that actually happens though.
JMO

 

[Zuri]

I believe strongly that people in other neighborhoods and with different backgrounds (without getting into "forbidden" subjects) would not have been treated with such suspicion, if they had the same reaction to an attempted arrest. There is definitely massive profiling going on, and a much more forceful reaction than we would have seen in other circumstances. IMO.

Respectfully, have you had anything like this happen to you?

 

[Montjoy]

Running away would be non violent but you would need to be tackled to be stopped in that case, not much difference.

For some reason, this reminds me of how some jurisdictions have restricted high speed chases for all but the most heinous offenses, because the risk is too great relative to the reward of an immediate arrest.

 

[al66pine]

To answer your last question, I think they pick and choose who they see as resisting arrest, regardless of actions of that person. Do you think everyone who doesn't immediately put there hands behind their backs gets charged for resisting?? What about those who plead not to be arrested... How many of them do you think get charged for resisting arrest? Let's ask our verified LE. Archangel? I know what I think.

Thanks for responding to the post. Respectfully, my question is:
After reading that, does anyone see MrG's actions as resisting arrest?
Not asking whether you 'agree w statute or ct opinion' or think it's 'stupid' or 'wonderful'

Question is not about whether --
-- LEOs uniformly, universally in every single case throughout their careers add a resisting arrest charge
if ppl fail to put hands out or in back to be cuffed immediately.
-- sometimes in some situations LEOs cut some slack & decide not to arrest some ppl for resisting arrest, even if situation warrants it.
^ That relates to LEOs selective enforcement, which I concede can & does happen sometimes.^

So again, on various vids, I saw MrG flailing arms around, dodging, ducking, and/or stepping away from LEO (plus more).
Do you see how NY ct & LE would see his actions as resisting arrest?

If you disagree ^ and think MrG was not resisting arrest per above def/interp,
can you pls provide screen cap of MrG putting hands out or back to be cuffed, i.e., not resisting with link, pls.

Maybe archangel7 or other LE professional can comment about MrG's specific actions of either R-A or not R-A. Or links of other arrestees R-A.

Thx in adv.

 

[al66pine]

Originally Posted by jmcgladr 31 arrests for petty crimes is still a petty criminal. Just one who was caught a lot.

I think that (respectfully) it is a flawed theory to assume he was just caught a lot.
For instance, if everyday he committed the same crime but was only arrested 31 times, he probably was pretty lucky.

Thx AToH,
No link handy, but MSM article said MrG earned a living (w 6 kids!!!) by selling loosies, so seems,
imo, he must have spent quite a few hours doing that, however many days per week.
Seems to increase chances of being arrested, which apparently happened.

I imagine some ppl making a living selling on the street/sidewalk may work fewer hours,
perhaps w a bigger markup, depending on the 'merchandise.'

JM2cts.

 

[Montjoy]

JMO, OT, and taxes notwithstanding, I think that selling a carton of cigarettes does a lot more harm than selling a single cigarette.

 

[jmcgladr]

The audio does seem to do some weird things in the 4 min mark....

I got the impression she was saying something really quietly to the officer beside her. Probably didn't want the person taking the video to hear it. Maybe it was "he's dead" or something... JMO BTW is this the video people are suggesting is "doctored"? B/C this is not the video the man who was indicted (on unrelated charges) took. He was way off to the left side of this scene (if you are facing the road).