The judge’s decision stated that the officer’s “egregious misconduct” resulted in the death of Eric Garner.
Father of six, Eric Garner, 43, was arrested for allegedly selling loose cigarettes on July, 17, 2014. According to a video captured by a bystander, during the arrest, Officer Daniel Pantaleo restrained the 6’2″ 350 lb+ Garner in a chokehold — which is prohibited by the NYPD — while ignoring him saying, “I can’t breathe” several times. Garner, who was asthmatic, appeared to lose consciousness and was later pronounced dead at the hospital. A medical examiner determined that the chokehold contributed to Garner’s death.
The fate of the officer involved in Garner’s death has also been settled.
In a scathing 46-page ruling, the administrative judge for the NYPD said that Officer Pantaleo was “untruthful” during his interviews with investigators regarding the death of Eric Garner. The judge also said that Pantaleo’s repeated denials of using a prohibited chokehold on Garner were “implausible and self-serving.”
“[Pantaleo’s] use of a chokehold fell so far short of objective reasonableness that this tribunal found it to be reckless — a gross deviation from the standard of conduct established for a New York City police officer,” wrote Deputy Commissioner of Trials Rosemarie Maldonado, who oversaw Pantaleo’s departmental trial back in May and June.
“Moreover, [Pantaleo’s] glaring dereliction of responsibility precipitated a tragic outcome,” Maldonado said. “The credible medical evidence and expert testimony demonstrated that [Pantaleo’s] recklessness caused internal hemorrhaging in Mr. Garner’s neck and was a significant factor in triggering the acute asthma attack which contributed to his death.”
Pantaleo “denied using a chokehold, even though his actions were completely consistent with his own erroneous and restrictive definition of the Patrol Guide prohibition,” Maldonado said. “The preponderance of the credible evidence contradicted his rationalization that the positioning of his elbow protected Mr. Garner’s neck and that he exerted no pressure to the throat. Specifically, [Pantaleo’s] self-serving version of events failed to satisfactorily account for the uncontroverted medical evidence of hemorrhaging in Mr. Garner’s anterior neck muscles and this tribunal’s own assessment of the video evidence capturing [Pantaleo] clasping his hands and pressing his forearm against Mr. Garner’s neck.”
Source: New York Post
NYPD Commissioner James O’Neill has made the decision to fire Officer Pantaleo for using the chokehold which has been banned by the police force. The decision to fire Pantaleo includes the forfeiture of his pension. Until this weekend, there was negotiation ongoing to allow Pantaleo to keep a portion of his pension. It is unclear what changed to take that option off the table.
He [O’Neill] was quickly lauded by advocates and local leaders — and blasted by the head of the police union, who in a searing statement accused O’Neill of choosing “politics and his own self-interest over the police officers he claims to lead.”
O’Neill’s decision, revealed early Monday afternoon, is final, closing the years-long book on embattled NYPD officer Daniel Pantaleo, whom a local grand jury and federal prosecutors all declined to criminally prosecute. Pantaleo will not receive his 13-year vested pension, but will get the contributions back that he had made over his years on the force, O’Neill said.
Source: NBC 4 New York
The NYC Police Benevolent Association issued a statement following Commissioner O’Neill’s announcement that Pantaleo was fired saying that the “damage has already been done” with so much anti-cop hatred in New York. They are telling NYPD officers to “proceed with utmost caution” when doing their job because any action could be deemed “reckless” and destroy their career.
"The damage is already done. The NYPD will remain rudderless and frozen, and Commissioner O’Neill will never be able to bring it back. Now it is time for every PO in this city to make their own choice." pic.twitter.com/TAsNyXQG3J
— NYC PBA (@NYCPBA) August 19, 2019
We’ve seen a significant rise in anti-cop rhetoric from the left in recent years which is putting them at risk.
It also seems clear that Pantaleo had used a banned chokehold on Garner that contributed to his death.
What do YOU think of the firing of Daniel Pantaleo?
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