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Cop admits to fabricating charges against Eric Garner


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NEW YORK — After Eric Garner died following a confrontation with New York City police five years ago, one officer involved in the struggle wrote up paperwork that exaggerated the seriousness of the dead man's suspected crime, according to testimony Tuesday.

Officer Justin Damico testified that after riding in an ambulance with the dying Garner, he went ahead on his own and filled out arrest papers listing a felony tax charge that would've required prosecutors to prove Garner, a small-time street hustler, had sold 10,000 untaxed cigarettes.

Damico spoke at the police department disciplinary trial for Daniel Pantaleo, the officer accused of placing Garner in a banned chokehold as they attempted to arrest him for selling loose, untaxed cigarettes near a Staten Island park in July 2014.

"You initiated this on your own, writing up the arrest of a dead man?" asked Suzanne O'Hare, a lawyer for the police watchdog agency bringing the disciplinary case.

Damico acknowledged that the felony charge was incorrect because Garner actually had with him five packs of Newports that contained a total of less than 100 cigarettes. The cigarettes were marked for sale in Virginia, a telltale sign that they were being resold illegally in New York.

Garner was ultimately charged with two misdemeanors, which alleged that he resisted arrest and sold untaxed cigarettes. The case was not prosecuted because Garner died.

The confrontation with Garner was partially caught on a bystander's cellphone video, ending with Pantaleo grabbing Garner and pulling him to the ground. Garner's dying pleas of "I can't breathe" became a rallying cry against police brutality.

Pantaleo, 33, denies wrongdoing. He has been on desk duty since Garner's death.

Testifying for more than an hour Tuesday, Damico told a nearly full hearing room at police headquarters that he'd given an agitated Garner a warning two weeks before the confrontation.

Damico said he and Pantaleo allowed Garner to vent for about 10 minutes before moving to arrest him because they were reluctant to use physical force.

And he testified that he did see Pantaleo's arm around Garner's neck as the two men struggled — but he didn't say if he thought the move was a chokehold.

Until Tuesday, Damico had never spoken publicly about the case.

Damico testified that he and Pantaleo tried to be patient as Garner screamed that he was tired of continually being harassed by police. They stayed calm even as Garner swatted Damico's hands away and refused to be arrested.

Damico and Pantaleo "utilized textbook de-escalation techniques to limit the use of force against a much larger and irate individual," said Pat Lynch, the president of the union representing officers, the Police Benevolent Association.

"We are convinced that if the politics of the streets are removed from this process and the case is decided on a dispassionate hearing of the facts, that Police Officer Pantaleo will be exonerated," Lynch said.

The NYPD's disciplinary process plays out like a trial in front of an administrative judge.

Normally the purpose is to determine whether an officer violated department rules, but that's only if disciplinary charges are filed within 18 months of an incident.

Because Pantaleo's case languished, the watchdog Civilian Complaint Review Board must show that his actions rose to the level of criminal conduct, even though he faces no criminal charges and is being tried in a department tribunal, not a criminal court.

The final decision on any punishment lies with the police commissioner. Penalties range from the loss of vacation days to firing.

The disciplinary hearing is scheduled to resume June 5.

Pantaleo's lawyers say they will call a medical examiner from St. Louis to rebut the New York medical examiner's finding that a chokehold set into motion "a lethal sequence of events" for Garner.

Garner's family said it's tired of the delays.

 

https://www.msn.com/en-us/news/us/officer-says-he-inflated-charge-against-chokehold-victim/ar-AABGU7M?ocid=sf&fbclid=IwAR16vNbK6kOGKDqkPVueveSB1ggSkSFOvWAGMQKqlsBMir3TuMQxPufq30Q

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8 minutes ago, RomaVicta said:

We've got to stop imagining ourselves being cops and how we'd feel on the job. Cops aren't drafted, they choose their careers. Most of them love mixing it up with other people and chasing cars and having the backing of the state to do so. I'd hate it.

So we have these rough guys who like the action. That also attracts sadists, bullies, and needlessly violent men. Mix them all up together in a paranoid culture where you never rat out a bad colleague, and you get this shit.

A man is choked to death. Black people are arrested and shot in disproportionate numbers. The worst of our leaders break it down into good guys versus bad guys where we must support the good guys even if they're the bad guys.

We're not a very subtle people.

Violence begets violence, and these guys seem to love it.

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30 minutes ago, RomaVicta said:

We've got to stop imagining ourselves being cops and how we'd feel on the job. Cops aren't drafted, they choose their careers. Most of them love mixing it up with other people and chasing cars and having the backing of the state to do so. I'd hate it.

So we have these rough guys who like the action. That also attracts sadists, bullies, and needlessly violent men. Mix them all up together in a paranoid culture where you never rat out a bad colleague, and you get this shit.

A man is choked to death. Black people are arrested and shot in disproportionate numbers. The worst of our leaders break it down into good guys versus bad guys where we must support the good guys even if they're the bad guys.

We're not a very subtle people.

Quotas and police unions make it impossible for “good” cops.  My best friend is Seattle pd. He got in it to help people and make a decent living; needless to say he’s hoping things change.  

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33 minutes ago, RomaVicta said:

We've got to stop imagining ourselves being cops and how we'd feel on the job. Cops aren't drafted, they choose their careers. Most of them love mixing it up with other people and chasing cars and having the backing of the state to do so. I'd hate it.

It definitely attracts a certain personality type.  I still think that a lot of cops, probably the majority, are trying their best to do a very difficult job.  But if you're a racist with a bit of sadistic streak, or even if you're just mad at the world, becoming a cop or a prison guard probably sounds like an awful lot of fun.

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  • 4 weeks later...

First mention I’ve seen in print they waited 10 minutes before attempting to arrest him. 

Choke hold was wrong and caused a mans death. Manslaughter

Every other aspect (besides exaggerating the offense) seems normal and in no way over the top. Such a waste of life for nothing. 

If he complies (or stops breaking the law the first time warned, then continue to not even change spots), he’s still alive 

If the cop doesn’t use an illegal choke hold, he’s still alive. 

Both made mortal mistakes. 

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2 hours ago, PilotsError said:

Disobeying a cop doesn't deserve the death penalty.

Fuck you

Never said it did, but thanks for making that up. 

The cop broke the law, ended a life and should be put in jail period. Full stop. 

But what was Garners end game when he was caught a second time (at least) breaking the law by the same officers in the same spot. 

What was his end game?  Rant at the police for 10 mins until they just decide to ignore the crime and move on their way, allow him to return to his illegal business?

resist and not let them arrest you, and hope they just leave? 

He did not deserve a death sentence in any way shape or form, but the bottom line is if he simply walks to the back of the cop car after he knows he is caught committing a crime.....he’s still here. 

What was his justification that he shouldn’t be arrested, and should be allowed to break the law?.....which caused the cop to break the law (commit a crime) and accidentally take his life. (No I don’t believe the cop was trying to murder him)

fucking tragic. Should have been an annoying misdemeanor, instead a father, brother, son is gone. 

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3 hours ago, ChickenSandwich said:

Never said it did, but thanks for making that up. 

The cop broke the law, ended a life and should be put in jail period. Full stop. 

But what was Garners end game when he was caught a second time (at least) breaking the law by the same officers in the same spot. 

What was his end game?  Rant at the police for 10 mins until they just decide to ignore the crime and move on their way, allow him to return to his illegal business?

resist and not let them arrest you, and hope they just leave? 

He did not deserve a death sentence in any way shape or form, but the bottom line is if he simply walks to the back of the cop car after he knows he is caught committing a crime.....he’s still here. 

What was his justification that he shouldn’t be arrested, and should be allowed to break the law?.....which caused the cop to break the law (commit a crime) and accidentally take his life. (No I don’t believe the cop was trying to murder him)

fucking tragic. Should have been an annoying misdemeanor, instead a father, brother, son is gone. 

Now imagine he's white

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The guy who filmed the Eric Garner incident has been harassed by cops for years. They set out to make his life a living hell. Too busy to look it up.

Cops clearly wanted to send out a message - "if you film us committing murder, we will fuck up your life".

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12 minutes ago, ajax said:

The guy who filmed the Eric Garner incident has been harassed by cops for years. They set out to make his life a living hell. Too busy to look it up.

Cops clearly wanted to send out a message - "if you film us committing murder, we will fuck up your life".

That doesn't sound like something cops would do.

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21 minutes ago, ajax said:

The guy who filmed the Eric Garner incident has been harassed by cops for years. They set out to make his life a living hell. Too busy to look it up.

Cops clearly wanted to send out a message - "if you film us committing murder, we will fuck up your life".

Yea I always wanted to follow up on these things. I bet the guys recording that shit in Arizona are going to get a fuck ton of visits and tickets in the near future

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On 6/20/2019 at 6:14 AM, TwiceHorn said:

What are you on about now?

Twice:

We already argued over this on the Elisabeth Holmes thread. In our society there are some things that a person can say or do that he would (and should) get his ass kicked for. You know, things that go against human decency. Like for example to attempt to explain away a dude being chocked to death by claiming that he essentially killed himself by being a fat piece of shit. But lawyers do that all the time in the courtroom and they don’t suffer any consequences because “they are zealously representing their client”. So basically what bothers me is that some lawyers don’t seem to know what decency means. But I’ll buy you or Brisket a beer any day. Y’all are alright. End rant.

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On 5/22/2019 at 8:19 AM, RomaVicta said:

We've got to stop imagining ourselves being cops and how we'd feel on the job. Cops aren't drafted, they choose their careers. Most of them love mixing it up with other people and chasing cars and having the backing of the state to do so. I'd hate it.

So we have these rough guys who like the action. That also attracts sadists, bullies, and needlessly violent men. Mix them all up together in a paranoid culture where you never rat out a bad colleague, and you get this shit.

A man is choked to death. Black people are arrested and shot in disproportionate numbers. The worst of our leaders break it down into good guys versus bad guys where we must support the good guys even if they're the bad guys.

We're not a very subtle people.

Goddamn truth right here.

How bout cops spend a little time imagining they're normal, decent, people with some flaws?  You know, not sociopaths with bloodlust and a shoulder chip?

Crazy, I know.

And this...

Quote

So we have these rough guys who like the action. That also attracts sadists, bullies, and needlessly violent men. Mix them all up together in a paranoid culture where you never rat out a bad colleague, and you get this shit.

spot fucking on!

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On 6/20/2019 at 9:02 AM, Underdog said:

Former AMD co-worker became APD but got fired over lying on a Police arrest report...  dumbass.  All that time training and shit and to throw it all away over something so fucking stupid. 

Every APD (hell, pretty much any PD)report is a minimum 70% work of fiction.

This isn't a well kept secret either.

The amazing thing is that your ex co-worker got held accountable.  Must have rubbed someone in the club the wrong way.  

In short, the guys who signed his termination paperwork probably had to dig under the stack of their own "creative" reports to find some blank paper to type his "adios" up on.

Edited by Cajun
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  • 3 weeks later...

There will be no federal charges filed against New York Police Department (NYPD) officers responsible for a confrontation with Eric Garner that turned deadly years ago, all over the sale of black market cigarettes.

Tomorrow marks the fifth anniversary of the death of Garner, who was captured on video in Staten Island getting choked by NYPD Officer Daniel Pantaleo during an attempt to arrest the man on suspicion that he was selling loose, untaxed cigarettes. Garner's wheezing of "I can't breathe" became a rallying cry for activism and protests about the way police officers treat black men. His death, a result of an asthma attack, was attributed to Pantaleo's chokehold and the pressure put on the man's body.

So far, no actual punishment has been visited upon Pantaleo or any of the officers involved in Garner's death. Back in 2014, Staten Island's district attorney sent the case to a grand jury, but they declined to indict. At the same time, the Department of Justice began investigating separately to consider whether to bring federal civil rights charges against any of the officers involved.

Today's announcement brings an end to the possibility that there will be any criminal consequences for Pantaleo. The New York Times reports that leaders within the Justice Department were not in agreement over whether to prosecute. Eric Holder, who was attorney general when Garner died, wanted to prosecute. Loretta Lynch, who was the U.S. attorney in Brooklyn (and who would succeed Holder as attorney general), disagreed, though attorneys with the Justice Department's Civil Rights Division under Lynch recommended charges.

The case then stalled under President Trump's Department of Justice, and officials eventually ended up believing they would lose the case if they brought charges, according to the Times. Attorney General William Barr reportedly made the final call not to move forward with charges.

In the meantime, New York City itself was using the federal investigation as a reason for dragging its feet about what to do about Pantaleo. Just because he wasn't being charged with a crime didn't mean he couldn't be disciplined or fired for his behavior. But it wasn't until this summer that the NYPD finally got around to an administrative hearing to figure out what, if anything, to do about Pantaleo. That decision has not yet been made, and thanks to New York's secrecy laws around police misconduct, any punishment handed to Pantaleo might not be made public, though it will most certainly be leaked.

In the meantime, showing they've learned absolutely nothing about why black markets exist and why Garner had a history of selling loose cigarettes, the city under Mayor Bill de Blasio has raised cigarette prices further and, starting this year, banned drug stores and markets that have pharmacies from selling tobacco products.

The end result is that more than half of all cigarettes consumed in the Big Apple are likely smuggled into the city. There are a lot of Garners out there on the streets of New York and, if there are no consequences for Pantaleo, citizens should have every reason to fear this will happen again.

 

https://reason.com/2019/07/16/no-federal-charges-in-eric-garners-death-at-hands-of-new-york-police/?fbclid=IwAR3oqQTuzxNoH2w4tK6kWaqjs8c4hw-K0qimHb5RDX7rVrATubZoLTbfrWA

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Quote

The end result is that more than half of all cigarettes consumed in the Big Apple are likely smuggled into the city.

Oh, it's likely, is it? How likely? That sounds awfully speculative. Leave it to reason.com (put air quotes around "reason") to get their political spin in and implicate the Democratic mayor as somehow connected to the problem of cops killing unarmed black people. That's a national problem. It doesn't help that certain politicians are openly racist and encourage police brutality. I'd say that's likely to lead to more deaths of unarmed black people at the hands of the police than the high cost of tobacco. 

Edit: Oh yeah, it's total bullshit that those cops got off the hook. 

Edited by WhatTheBuck
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On 6/21/2019 at 7:57 AM, XYZ said:

Twice:

We already argued over this on the Elisabeth Holmes thread. In our society there are some things that a person can say or do that he would (and should) get his ass kicked for. You know, things that go against human decency. Like for example to attempt to explain away a dude being chocked to death by claiming that he essentially killed himself by being a fat piece of shit. But lawyers do that all the time in the courtroom and they don’t suffer any consequences because “they are zealously representing their client”. So basically what bothers me is that some lawyers don’t seem to know what decency means. But I’ll buy you or Brisket a beer any day. Y’all are alright. End rant.

Fun fact, lawyers are allowed to defame people in court and in pleadings without consequence.

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7 hours ago, Pancho said:

 

I’m sorry, but this is ridiculous:

1. Eric Garner died because he was breaking the law, resisted arrest and was in poor health. He did NOT deserve to die for those transgressions and the officer SHOULD be held accountable. (Beyond the $5.9m settlement his family received) But to claim that he was just minding his own business and was randomly targeted for being a POC is disingenuous. He was arrested 30 times prior to the incident, including being out on bail for doing exactly what he was being arrested for. He was targeted for a reason...namely because he was guilty of breaking the law yet again.

2. Eric’s daughter died of a heart attack, which had nothing to do with politics, social justice or her father’s death. What does that have to do with anything?

3. Orta was imprisoned because he committed multiple crimes/felonies after recording the video to which he plead guilty. (Not to mention his priors beforehand) He requested to be placed in PC, not thrown in solitary confinement as punishment for his role.

4. DeBlasio took a beating for condemning the police’s actions, including the force turning their back on him for suggesting that they have blood on their hands. Why is his presidential run relevant and how is he responsible in any way?

It’s pretty sick that people choose to politicize this with misinformation to push a narrative. 

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15 hours ago, Spankytoes said:

I’m sorry, but this is ridiculous:

1. Eric Garner died because he was breaking the law, resisted arrest and was in poor health. He did NOT deserve to die for those transgressions and the officer SHOULD be held accountable. (Beyond the $5.9m settlement his family received) But to claim that he was just minding his own business and was randomly targeted for being a POC is disingenuous. He was arrested 30 times prior to the incident, including being out on bail for doing exactly what he was being arrested for. He was targeted for a reason...namely because he was guilty of breaking the law yet again.

2. Eric’s daughter died of a heart attack, which had nothing to do with politics, social justice or her father’s death. What does that have to do with anything?

3. Orta was imprisoned because he committed multiple crimes/felonies after recording the video to which he plead guilty. (Not to mention his priors beforehand) He requested to be placed in PC, not thrown in solitary confinement as punishment for his role.

4. DeBlasio took a beating for condemning the police’s actions, including the force turning their back on him for suggesting that they have blood on their hands. Why is his presidential run relevant and how is he responsible in any way?

It’s pretty sick that people choose to politicize this with misinformation to push a narrative. 

1. Nowhere in that tweet does it state that Garner was minding his own business. I am not sure what the hell you are responding to there.

2. Do you think that the stress of Garner's death possibly had anything to do with her heart attack? I don't know that you can assign a certain percentage but I would certainly suspect that was at least involved in her overall health.

3. I would hypothesize that Orta received extra "scrutiny" as retaliation for the video taping. Not saying he his innocent of any of his crimes, although it certainly wouldn't surprise me if he was, but I would be shocked if his treatment post-video was completely above-board.

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6 hours ago, Serak The Preparer said:

1. Nowhere in that tweet does it state that Garner was minding his own business. I am not sure what the hell you are responding to there.

2. Do you think that the stress of Garner's death possibly had anything to do with her heart attack? I don't know that you can assign a certain percentage but I would certainly suspect that was at least involved in her overall health.

3. I would hypothesize that Orta received extra "scrutiny" as retaliation for the video taping. Not saying he his innocent of any of his crimes, although it certainly wouldn't surprise me if he was, but I would be shocked if his treatment post-video was completely above-board.

1. Of course it doesn’t. That would be an outright lie. The truth of the matter is if he was minding his own business instead of resisting his 31st recorded arrest, he would most likely be alive today. The tragedy occurred as a direct result of his illegal activities and the actions/tactics of the officer, which I agree were excessive.

2. I couldn’t tell you. She died 3.5 years after her father’s death. Perhaps it was her diagnosed enlarged heart and morbid obesity that were the culprits per her autopsy.

3. I would agree that he received more scrutiny for his role. I’m not sure that’s even debatable. That still doesn’t change the fact that his solitary confinement was not self-imposed rather than additional punishment for exposing his activism.

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23 hours ago, Spankytoes said:

I’m sorry, but this is ridiculous:

1. Eric Garner died because he was breaking the law, resisted arrest and was in poor health. He did NOT deserve to die for those transgressions and the officer SHOULD be held accountable. (Beyond the $5.9m settlement his family received) But to claim that he was just minding his own business and was randomly targeted for being a POC is disingenuous. He was arrested 30 times prior to the incident, including being out on bail for doing exactly what he was being arrested for. He was targeted for a reason...namely because he was guilty of breaking the law yet again.

2. Eric’s daughter died of a heart attack, which had nothing to do with politics, social justice or her father’s death. What does that have to do with anything?

3. Orta was imprisoned because he committed multiple crimes/felonies after recording the video to which he plead guilty. (Not to mention his priors beforehand) He requested to be placed in PC, not thrown in solitary confinement as punishment for his role.

4. DeBlasio took a beating for condemning the police’s actions, including the force turning their back on him for suggesting that they have blood on their hands. Why is his presidential run relevant and how is he responsible in any way?

It’s pretty sick that people choose to politicize this with misinformation to push a narrative. 

Hey Slorch, I want my money back

If life was only so black and white

The tweet you are referencing isn't political at all. It has nothing to do with R vs D. It is meant to be a snapshot of what is happening in the US and how absurd it can look when you take just that look. That was the point of the tweet bud. From the complete lack of accountability to the mafioso-style behavior of the justice system, its all there.  You can find an escape at each corner and spew hot air and pretty much exemplify the fucking point of the tweet in the first place. 

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38 minutes ago, staboner said:

Hey Slorch, I want my money back

If life was only so black and white

The tweet you are referencing isn't political at all. It has nothing to do with R vs D. It is meant to be a snapshot of what is happening in the US and how absurd it can look when you take just that look. That was the point of the tweet bud. From the complete lack of accountability to the mafioso-style behavior of the justice system, its all there.  You can find an escape at each corner and spew hot air and pretty much exemplify the fucking point of the tweet in the first place. 

Yeah...OK. Go with that. It’s simply a commentary sans any racial overtones of perceived inequality. My mistake.

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  • 1 month later...
On 5/22/2019 at 8:19 AM, RomaVicta said:

We've got to stop imagining ourselves being cops and how we'd feel on the job. Cops aren't drafted, they choose their careers. Most of them love mixing it up with other people and chasing cars and having the backing of the state to do so. I'd hate it.

So we have these rough guys who like the action. That also attracts sadists, bullies, and needlessly violent men. Mix them all up together in a paranoid culture where you never rat out a bad colleague, and you get this shit.

A man is choked to death. Black people are arrested and shot in disproportionate numbers. The worst of our leaders break it down into good guys versus bad guys where we must support the good guys even if they're the bad guys.

We're not a very subtle people.

Males are arrested and shot far more disproportionately.  Wonder why?

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On 5/22/2019 at 8:54 AM, TexArcher said:

It definitely attracts a certain personality type.  I still think that a lot of cops, probably the majority, are trying their best to do a very difficult job.  But if you're a racist with a bit of sadistic streak, or even if you're just mad at the world, becoming a cop or a prison guard probably sounds like an awful lot of fun.

Almost all will lie to protect their fellow cops.  That’s the main problem. 

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