Judge Napolitano: Eric Garner’s Death Was ‘Criminally Negligent Homicide’ [AUDIO]

Judge Napolitano: Eric Garner’s Death Was ‘Criminally Negligent Homicide’ [AUDIO]. Another take on this.

CO2Insanity: Tired of the CO2 BS and all the other BS in the US and the world.

View Comments (39)

  • Rule#1. DO NOT FIGHT WITH COPS. The cops don't know you from Satan himself and are planning on going home at end of shift. They will not discuss with you. Theywill do whatever is need e d to subdue you and protect themselves. And they don't debate about it for a couple of days. They make a decision on the minute. Why is thisso hard to understand?

    • I learned this lesson when I was 18 or 19. My buddy got pulled over and we were both drunk. He asked for my ID and I told him I didn't need to show it because I wasn't driving and rolled up the window. Next thing I know, he's straining my ass through the window on the drivers side, of a Datsun 240Z. All the while Im running my mouth, They took us t the satellite station for prints and pics. I was to be held for 4 hours and released on a PI charge. Well somehow my paperwork got 'lost.' So next they transfer to downtown Houston after 12 hour wait. We had stripped, showered and were about to get the penal system prostate exam, followed by a nice orange jumpsuit! Miraculously i was released right as the guard was going to get in my ass - literally. Lesson learned, always address them as maam, sir or officer. And never say,"you can't do that' to one of them

      • It's simple, the less smartass, and the more polite, the easier it gets for you. I was arrested once and the booking sergeant told me to stop being so polite, because he couldn't hate me!

  • Yes there are. Here's a bit of information on choking. You can choke someone out in under 6 seconds and kill them with in 10 seconds.

  • Just saying the hold that was applied is banned here. It's considered a blood choke by those who make the Operational Orders and Policy Procedures. Having done a Chinese Martial Art for 41+yrs the arm around the front of his neck and then locking it in with the other does meet the definition of a choke hold. There are a couple of type of chokes, air and blood. Applying pressure to the carotid artery falls into a blood choke. Don't get me wrong Gartner shouldve stopped resisting and should never have shoved the officer. The use of force continum comes into play.

    • Okay, maybe this will put to rest the notion that Garner was killed by a choke hold:

      The grand jury also received instruction in the “relevant principles of law” concerning an officer’s right to use force. Officer Pantaleo explained that he did not apply a “chokehold” to Garner. Rather, he applied a move that he learned in the police academy, a move designed to “tip the person [being arrested or restrained] so that they lose their balance and go to the ground.” Though he heard Garner say that he couldn’t breathe, Pantaleo testified that given the former’s ability to speak, he didn’t think that that was actually the case. Nevertheless, he immediately released him and called the EMTs. Pantaleo also added that he was fully aware that he was being videoed—but he didn’t mind. And he didn’t mind because he “knew” that he wasn’t “committing” any “misconduct.” The grand jurors were in a position to evaluate Pantaleo’s account. They found that it was truthful.

      http://townhall.com/columnists/jackkerwick/2014/12/12/what-the-grand-jury-knewand-we-didntin-the-eric-garner-case-n1930531/page/full

    • Thanks. That explains why some people are telling me it was a choke hold and others are saying no, it was not. So there's two different kinds...

      • Yes, the carotid choke is a martial arts standard. It doesn't cause any permanent damage, but it does make the subject pass out. The other choke hold can crush the windpipe and is much more dangerous.

        • Exactly. The problem often is doing a blood choke wrong and end up with an air choke and like you said, a possible crushed trachea.

  • The man was selling cigarettes

    If the police were doing it to a family member for owning a gun would your reaction be different?

    I thought so.

  • The particular choke hold used has been banned by many departments because of the very result to Gardner. There have been officers here dismissed for using it as well as a couple of others. Every last recruit from the first day of training until the day of graduation here is drilled upon things like this. Yes we do care tasers, batons, spray and Glocks. Most times the sound of a baton snapping to its full length gains compliance. What's not being told is that the watch commander and the sergeant on the scene were both black. The sergeant gave the approval for the hold to be used and the watch commander gave the directive to arrest those who were selling illegal cigarettes. A fact the MSM failed to mention or address. Again no officer worth their salt every wants to take a life. It lives with you until you die.

    • "...because of the very result to Gardner"

      What result? Again, the coroner said there was no damage to the throat or chest. And I'm getting conflicting arguments about whether it was even a choke hold. Martial artists are saying it was not a choke hold. I don't know and I don't really care: if there was no damage done by it, and the guy died because of his underlying medical conditions after resisting arrest, how can anyone blame the officer?

      • Kinda like the guy here in Bakersfield last year that was beaten to death by cops. The coroner said he died of a heart attack. It just happened to come during a brutal beating.

        • Come on flash, apples & oranges. I honestly understand why you're pissed off, I do, but that was a little cheap. With all due respect.

          • So, coroners are above covering for cops, even just a little bit? I just happen to think that this man wouldn't have died that afternoon if he hadn't had a choke hold applied to him. A choke hold that was forbidden by department policy, and with good reason.

            And I don't think the man in Bakersfield would have died that night if he hadn't been beaten. It's also kind of coincidental that the Sheriff's deputies in Bakersfield were exonerated by the coroner's report, which said the man died of a heart attack, when the Sheriff in Kern County also just happens to be the Coroner.

            https://www.techdirt.com/articles/20130524/18125923209/kern-county-coroner-declares-david-silvas-death-to-be-accidental-heart-disease-related.shtml

          • And another reason why there should only be trained forensic medicalexaminers performing these autopsy, not Emma's cousin who got appointed coroner because he was the Mayor's nephew. Coroners are not required to have any medicaltraing, much.less forensics.

          • I know this is a big issue with you and it is an important one but do you see this as a chicken and egg thing? In other words, is the Garner case especially a case where Big Government in the form of the NYC progressive machine enact intrusive laws to protect their revenue streams, then order the cops to arrest rather than cite. Garner should not have resisted but the police should not be forced by their superiors to make this kind of an arrest either. As I said elsewhere, I see the cops in this case as the blunt instruments but the killers are progressive politicians.

  • I just watched the video for the first time. What strikes me the most is the narrative from the guy shooting the video. He keeps repeating that the cops are harassing Garner for breaking up a fight. However, the discussion between the cops and Garner never mentions a fight and is clearly about him selling cigarettes. You have a guy taping the scene and is a firsthand witness to the event. And he can't seem to fathom why the cops are talking to Garner. Do you think he repeated the story saying Garner was being arrested for selling smokes or for breaking up a fight? Easy to see how mob mentality is fostered in such an environment. Another gentle giant murdered by the Popo and all he was doing was trying to stop the spread of violence in his community...

  • The clear solution is to make cigarettes illegal. Once against the law to possess, the illegal sales of loosies would disappear.

  • At $15 a pack (I heard) they are begging people to bring in cigarettes from North Carolina and sell them on the street.

    • Cigarettes are cheaper in Virginia than North Carolina. I was checking on my drive last weekend, since the wife smokes.

    • Exactly. This is another problem caused by Big Brother government and so they - our overlords - are desperate to misdirect people's anger. God forbid that people figure out that racism isn't our problem but rather the government.

  • I guess I would ask Napolitano what the police are supposed to do then? His use of the term "deadly force" is misleading because the force is only called deadly because the man died. Are the police supposed to walk away if the man resisting arrest is large? How are they supposed to arrest a man who resists without using force?

    • They could of used a taser gun but they have caused accidental deaths too. I guess they should have just walked away and let the guy sell loosies but then there is loss tax revenue and sales to minors. What is a cop to do is this messed up PC racist world when a few blacks die resisting arrest. "How are they supposed to arrest a man who resists without using force?" That is the question of the day.

        • Three times as many whites die resisting arrest than blacks. There should be more according to ratio but a higher rate of black crime inflates their number. Black mothers have more fear of cops than black thugs when it is their thug kids that have run-ins with cops.