THE LAW, NYPD PATROL GUIDE AND POLITICAL INVOLVEMENT At the - TopicsExpress

THE LAW, NYPD PATROL GUIDE AND POLITICAL INVOLVEMENT At the beginning of the video the 2 original officers give Mr. Garner ample time to surrender peacefully. When he refused their orders to comply they called for assistance. The Sergeant on the scene should have taken a more direct control of the scene. When the officers move in to restrain Mr. Garner the officer puts one arm under Mr. Garners arm and the other at his upper chest. Mr. Garner moves in an effort to further resist arrest. The officers hand slides up to the neck area during the twisting. At that point the officers appears to be trying to hold on to prevent Mr. Garner from becoming free and also for the officer to be thrown. From the moment in the struggle when the officers hand rises to the neck area until the time Mr. Garner is subdued and handcuffed and the officer releases his grasp is approximately 20 seconds. The NYPD patrol guide does prohibit cholkholds or compression of the neck. What the average person needs to understand is the patrol guide is just that a guide. It does not always conform to everyday events on the street. Just because something is prohibited in the NYPD patrol guide that does not make it illegal under the law. For instance the patrol guide prohibits officers from shooting at a moving vehicle if no other force other than the vehicle is being used. Think about this, if you were standing on a corner and a person in a car was driving straight towards you at a high speed with intent to hit you with that vehicle and police officer was standing across the street, would you want that police officer to shoot at that vehicle in an attempt to save your life? You probably would and guess what that police officer would have violated the patrol guide by shooting at the vehicle. The police officer would not have violated the law. In the Garner case the Grand Jury had to weigh if the use of force was justified to effect the arrest. If the force was excessive and not reasonable the Grand Jury would have possibly decided to indict. That is the difference between ordinary grand juries investigations and those involving police officers actions while performing their duties. OUR ELECTED OFFICIALS HOLD SOME BLAME I appreciate and support the right to paecefully Assemble but has anyone considered the NYPD enforces laws that our State & City legislators, the Governor & Mayor enact. These are the people who were elected by the people and given that great responsibility of creating laws over their constintuents. Governor Cuomo touted arrests for the sale of illegal untaxed cigarettes days before the Eric Garner incindent. Its ironic that these same politicians are saying the criminal justice system needs immediate reform when it is the laws they passed and ordered police agencies to enforce that have directly resulted in this incident. To the point they even put out press releases praising the enforcement. NOW THAT IS HYPOCRISY !!!!!! Governor Cuomo touting enforcement of the sale of untaxed cigarettes: governor.ny.gov/news/governor-cuomo-announces-new-cigarette-strike-force-seizes-nearly-17-million-contraband-and QUOTES FROM THE PRESS RELEASE: Cigarette smugglers should be on notice our administration will not stand for those who break the law and steal from taxpayers, Governor Cuomo said. With 36 separate interventions since January, our Cigarette Strike Force is aggressively cracking down on individuals who store, traffic, or sell contraband products. This quick success is a reminder to would-be traffickers that New York has zero tolerance for this illegal activity, and those who further it will be brought to justice. from Governor Cuomos press release July 14, 2014 The incident involving Mr. Garner occurred on July 17, 2014 All these agencies realize those among us who sell illegal cigarettes are a threat to government tax revenue. These are economic crimes that fill the pockets of criminals, said Department of Taxation and Finance Commissioner Thomas H. Mattox.