# Why wasn't the police officer who killed Eric Garner indicted? **URL:** \ **Category:** Great Debates\ **Created:** [December 4, 2014, 12:06am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271 "2014-12-04T00:06:47Z")\ **Posts on this page:** 20\ **Page:** 29
**Author:** ![rat\_avatar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rat_avatar/32/255_2.png) [@rat\_avatar](https://boards.straightdope.com/u/rat_avatar)\ **Post date:** [December 11, 2014, 2:25am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/561 "2014-12-11T02:25:35Z")
> [@doorhinge](#): > > Garner’s arrest record makes him a habitual offender. Garner’s decision to resist arrest makes him stupid and now he’s dead. No, it means he had a lot of police contact. Sure he may have made some bad choices in life but it is just as likely that a police force that was told to target young black males and had a history of stopping and searching them with no cause chose to stop him often. Most people are breaking minor laws all of the time and it would be trivial to find something to ticket them with. The fact that you can only count a high amount of arrests but cannot provide an extensive conviction record points to that type of police abuse. This type of abuse is well known from the NYPD, in fact the current mayor made a point of saying he was going to reduce this amount of police harassment as one of his primary election promises. Here is the actual campaign ad. [https://www.youtube.com/watch?v=GgvXniTz7D8](https://www.youtube.com/watch?v=GgvXniTz7D8) ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [December 11, 2014, 2:35am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/562 "2014-12-11T02:35:03Z")
> [@Shodan](#): > > …I suspect that Garner would have died even if they had not used the choke… You…_suspect_. I suppose, then, that this means you are under no obligation to support it? Since, after all, it is nothing more than a _suspicion_. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [December 11, 2014, 12:44pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/563 "2014-12-11T12:44:06Z")
> [@Martin\_Hyde](#): > > Yes, and I explained why. Your explanation did not adequately cover why it is appropriate to condemn every single black person in America for this. > [@](#): > > I don’t want them saying that x specific officer needs to go to jail. That is dangerous to the entire justice system and democracy itself. It’s the abject mob rule that the founders and even the ancient Greeks feared. You implied the protesters weren’t “advocating for systemic changes to try and fix ways in which the justice system as a whole”, and many in fact are. This isn’t mob rule, even if some call for trials for certain individuals. > [@](#): > > I didn’t leave it vague as to why I did, it was explained in detail. It makes absolutely no sense. You’re condemning millions of people for the actions of others. > [@](#): > > Is it okay to bash Republicans (i.e. “Stupid Republican idea of the day” threads) because of a vocal minority of Republicans that say stupid, objectionable shit? I actually think it is, and I’m a Republican. We need to own the Axis of Stupidity that dominates the public perception of our party, and I accept that. There is no loud voice for my restrained brand of Republican politics and because of that we are (properly) heavily portrayed as being all Tea Party types. That’s reality. So all black people have a responsibility to “own” bad behavior by other black people? How in the fuck does this make any sense? You’re literally condemning people for their skin color! Because of their skin color, you’re saying that they have some sort of responsibility for actions they have no involvement in. That’s nonsense. > [@](#): > > To answer, yes, if a community allows itself to be portrayed in an entirely stupid way in the media they deserve communal condemnation. How has the community “allow[ed]” itself to be portrayed in a stupid way? Is this brilliant media so full of truth that if they portray some black people in a poor light, that somehow reflects on the black community as a whole? Was this always true? If newspapers in 1880s Birmingham blamed the poor qualities of black people for some unfortunate event, does that mean that the 1880s Birmingham black community deserves communal condemnation? > [@](#): > > I mean no one has a problem with bashing “white America” or even American in general for its ills, myself included. This doesn’t help your argument – mass condemnation for the actions of a few is _always stupid_. > [@Martin\_Hyde](#): > > That’s like people that are against gay marriage saying they’re against it because it deprives them of the right to be free from living in a society that allows gay marriage. No its not. These protesters aren’t advocating that any groups rights should be restricted. > [@](#): > > When these people advocate for systemic changes, great, more power to them. I have no real care about that. But when their talk is dominated by calls for _specific prosecutions_ then they’re subverting the entire criminal justice system and acting with the same mentality as a lynch mob. This thread is actually about a specific cop, and why _he must be sent to prison because of BLACK FREEDOM!!! zomg._ It’s not “dominated by calls for specific prosecutions”, unless you’re just watching Fox News. It’s dominated by calls to reform policing and the justice system in general. > [@](#): > > No. No to what? That some police officers and departments might be treating black people differently because of their race, or that if they are than the protesters might be correct? ---
**Author:** ![Human\_Action](https://avatars.discourse-cdn.com/v4/letter/h/ac91a4/32.png) [@Human\_Action](https://boards.straightdope.com/u/Human_Action)\ **Post date:** [December 11, 2014, 3:19pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/564 "2014-12-11T15:19:38Z")
> [@Shodan](#): > > Better for themselves, sure. I suspect that Garner would have died even if they had not used the choke. Then, perhaps, the cries for indictment might have been marginally more subdued. Perhaps. > > Regards, > Shodan That opinion doesn’t seem to be supported by the ME, but that aside, what the police did was wrong on multiple levels, the choke hold is just one aspect, and particularly egregious, since the police force itself recognizes the danger of the technique. > [@doorhinge](#): > > You first - Did Garner make the best choice? Of course not. However, nothing he did excuses the excessive force or negligence the police displayed. The police have an obligation to protect and serve all citizens, even the uncooperative petty criminals. Non-compliance doesn’t make a citizen fair game for any amount of force the police deem necessary. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [December 11, 2014, 3:48pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/565 "2014-12-11T15:48:04Z")
> [@](#): > > KOBILINSKY: The tissue that covers the whites of the eye. Tissue in the gums. It shows these small pinpoint hemorrhages called petechiae. This is the hallmark for asphyxia due to a compression of those blood vessels. That’s not the only thing, as you pointed out, there was a compression of the chest and there was positional asphyxia. This was a big man. His body mass index was more than twice the high level of normal. And so he was a big man. WADR to Dr. Koblinsky, ISTM that he is mistaken. I have been choked out numerous times without petechiae. He attributes the petechiae to the blood choke - I suspect that it came from the positional asphyxia and chest compression. > [@](#): > > KOBILINSKY: However, the compression of the blood vessels, either that or the compression of the chest could kill a person, could kill a normal person, person that is not very large. If there is a case on record of a normal person being killed by a blood choke, I am not aware of it. Chest compression, yes, but not a blood choke. As mentioned, blood chokes have been applied in sport judo for seventy years without a single fatality. [QUOTE=Human Action] That opinion doesn’t seem to be supported by the ME, but that aside, what the police did was wrong on multiple levels, the choke hold is just one aspect, and particularly egregious, since the police force itself recognizes the danger of the technique. [/QUOTE] Apart from the blood choke, it does not appear to me that anything else the police did was wrong, in the sense of being illegal or against department policy. Pinning a suspect down to handcuff him is neither illegal, against policy, nor (IMO) wrong. And the police cannot be expected to know that a suspect who is morbidly obese, also has diabetes, severe asthma, sleep apnea, and heart disease, and therefore is going to die if he is subdued after resisting arrest. Regards, Shodan ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [December 11, 2014, 4:07pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/566 "2014-12-11T16:07:08Z")
> [@Shodan](#): > > I have been choked out numerous times without petechiae. Dude, I’d hang out at a friendlier bar! ---
**Author:** ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)\ **Post date:** [December 11, 2014, 4:14pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/567 "2014-12-11T16:14:51Z")
> [@Martin\_Hyde](#): > > Agreed, but you would probably not go on to say that “this means one thing we must do to rectify it is prosecute cops whom prosecutors know they cannot prove beyond a reasonable doubt committed a crime”, or to say that “regardless of all that bullshit legalese, these cops need to be in prison.” That is a very specific aspect of the problem of bias - not bias in police choosing to arrest or hassle specific “disfavoured” minorities, but the (allied) probem that when there is a confrontation between a member of the public and the police (and _in particular_ where that member of the public is from one of the “disfavored” minorities) the usually-tight relationships between police and prosecutors results in the pereception of less than full-blooded investigation and evidence gathering (by the police) and prosecution (by prosecutors). This is a game that the police and prosecutors cannot win - if they prosecute some will claim it is because of political/public pressure, and of the FAIL to preosecute, others will claim bias - there is a built in perception of bias there, on the “_quis custodiet ipsos custodes?_” principle. The ‘solution’ chosen up here in Toronto (and I’m the first to note it isn’t fully effective - but it appears better than the alternative) is to in effect contract out the investigation and prosecutorial decision-making concerning police/public violence to a seperate organization - here called the “Special Investigations Unit”. The hope (again, not fully realized) is that, by having a fully seperate organization, the public can be reassured that desicions to investigate and prosecute are made on the proper grounds of evidence and law - not because of ‘public pressure’ on the one hand, and not because of the cozy relationships between cops and prosecutors on the other. Thing is, Toronto is of course an enormous jurisdiction, with huge numbers of cops and lots of resources. Obviously not every jurisdiction would be able to afford its own police-policing unit. Inthe US, such a thing would probably be best organized at the state or even federal level - I admit I have no idea how practical that would be. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [December 11, 2014, 4:25pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/568 "2014-12-11T16:25:17Z")
> [@kayaker](#): > > Dude, I’d hang out at a friendlier bar! That’s _after_ practice. And white belts buy the first pitcher. Regards, Shodan ---
**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\ **Post date:** [December 11, 2014, 4:59pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/569 "2014-12-11T16:59:03Z")
> [@Shodan](#): > > WADR to Dr. Koblinsky, ISTM that he is mistaken. I have been choked out numerous times without petechiae. He attributes the petechiae to the blood choke - I suspect that it came from the positional asphyxia and chest compression. Dr. Koblinsky understands forensic evidence. You don’t. Petechiae in the areas present in Garner are from an increase of pressure in the veins of the head due to reduced venous return from the head. That isn’t going to happen due to the position Garner was in nor from chest compression. It does occur in strangulation cases of course. Not that your determination of the cause of his death makes the actions of the police any more reasonable. > [@](#): > > If there is a case on record of a normal person being killed by a blood choke, I am not aware of it. Chest compression, yes, but not a blood choke. As mentioned, blood chokes have been applied in sport judo for seventy years without a single fatality. Irrelevant. What took place was not a sporting event and the medical examiner did not say that the choke hold was the only factor involved in Garner’s death. But he did say it was a factor, You know, the guy that has been thoroughly trained to determine these sort of things. > [@](#): > > That’s _after_ practice. And white belts buy the first pitcher. Oh, one of _those_ dojos. How cool! ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [December 11, 2014, 6:04pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/570 "2014-12-11T18:04:24Z")
> [@Human\_Action](#): > > …Of course not. However, nothing he did excuses the excessive force or negligence the police displayed. The police have an obligation to protect and serve all citizens, even the uncooperative petty criminals. Non-compliance doesn’t make a citizen fair game for any amount of force the police deem necessary. Any amount of force? Uncooperative petty criminals create more problems that just being a petty criminal. I suppose the NYC legislature could pass laws that force police officers to wait for suspects to voluntarily put themselves into handcuffs (unless you think that is also oppressive) and then wait for the suspect to climb into the back seat of a patrol vehicle. Should the suspect be allowed to sit in the front seat if they call, “SHOTGUN” before the officer does? Or maybe suspects should be transported via ambulance, just in case the suspect has a bad heart? ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [December 11, 2014, 6:04pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/571 "2014-12-11T18:04:27Z")
> [@x-ray\_vision](#): > > Irrelevant. What took place was not a sporting event and the medical examiner did not say that the choke hold was the only factor involved in Garner’s death. But he did say it was a factor, You know, the guy that has been thoroughly trained to determine these sort of things. He said that a normal person could die from a blood choke. What I am asking if that actually ever happened. If he were a Doper, I would be saying “Cite?” > [@](#): > > …the compression of the blood vessels, either that or the compression of the chest could kill a person, could kill a normal person… I am quite aware that chest compression (what I was taught as _[uki-gatame](http://en.wikipedia.org/wiki/Knee-on-stomach)_) can cause asphyxiation similar to what Garner experienced. And, according to Dr. Koblinksy could in and of itself kill a normal person. What I am looking for is evidence that a blood choke, in and of itself, could kill a normal person, which is what Dr. Koblinsky claimed. As I mentioned, neither I nor the author of _Shime-waza_, a book in the Ippon Masterclass series, nor [some rather old studies done by the Japanese](http://judoinfo.com/chokes2.htm) have not been able to locate even one case of a normal person dying from a blood choke. So I would like some documentation of Dr. Koblinsky’s claim. If anyone has any, I would be glad of it. Regards, Shodan ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [December 11, 2014, 6:25pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/572 "2014-12-11T18:25:35Z")
> [@Human\_Action](#): > > That opinion doesn’t seem to be supported by the ME, but that aside, what the police did was wrong on multiple levels, the choke hold is just one aspect, and particularly egregious, since the police force itself recognizes the danger of the technique. It’s worth remembering at this time that the NYPD does _not_ prohibit its officers from using blood chokes. The ban on chokeholds, as cited upthread extends only to those that inhibit breathing, not holds that inhibit blood flow and have little in common with traditional chokeholds except for the name. So at this point, the entire “he used an illegal chokehold” talking point is factually incorrect. ---
**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\ **Post date:** [December 11, 2014, 6:46pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/573 "2014-12-11T18:46:36Z")
> [@Smapti](#): > > The ban on chokeholds, as cited upthread extends only to those that inhibit breathing, not holds that inhibit blood flow and have little in common with traditional chokeholds except for the name. Can you please post what post # that was cited in? Thanks. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [December 11, 2014, 6:47pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/574 "2014-12-11T18:47:26Z")
> [@Martin\_Hyde](#): > > MMA refs stop a fight when one side cannot defend themselves, which is a judgment call but will often be relatively shortly into a choke. Cite or any example of a MMA fight being stopped due to a hold when the fighter has not tapped or gone unconscious. > [@Martin\_Hyde](#): > > (I’ve seen people choked in mid air during a throw land unconscious from the choke, but that’s utilizing part of the uniform itself and not a naked choke.) Bullllllshit. > [@Shodan](#): > > He said that a normal person could die from a blood choke. What I am asking if that actually ever happened. If he were a Doper, I would be saying “Cite?” > [@](#): > > A 24-year-old man is dead after his 14-year-old cousin had him in a ‘rear choke hold’ and allegedly refused to relinquish his hold. > **[Man, 24, 'killed by his cousin, 14, from a chokehold they did while watching...](https://www.dailymail.co.uk/news/article-2124672/Man-24-killed-cousin-14-chokehold-did-watching-Wrestlemania.html)** > > Stephan Arceneaux III, 24, pictured, died after his 14-year-old cousin held him in a chokehold for around 30 seconds. Arceneaux was having a Wrestlemania-watching party at his Destrehan, Louisiana home. If you don’t let a choke hold go that person is going to go unconscious and eventually die. In combat sports, people usually tap before they go unconscious. If they don’t, there is a referee there to stop the fight when they do go unconscious. > [@Shodan](#): > > I am quite aware that chest compression (what I was taught as uki-gatame) can cause asphyxiation similar to what Garner experienced. A knee on belly situation is extremely unlikely to kill someone. The pressure isn’t in the right place to prevent chest expansion, and typically one person’s body weight isn’t enough. Problems arise when the person is chest down and then someone is putting pressure on their back. ---
**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\ **Post date:** [December 11, 2014, 6:50pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/575 "2014-12-11T18:50:43Z")
> [@treis](#): > > If you don’t let a choke hold go that person is going to go unconscious and eventually die. Cite that oxygenated blood is required to live. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [December 11, 2014, 6:54pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/576 "2014-12-11T18:54:38Z")
> [@x-ray\_vision](#): > > Cite that oxygenated blood is required to live. Joe Biden? ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [December 11, 2014, 6:56pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/577 "2014-12-11T18:56:21Z")
Depends, doesn’t it? How long do we require that they continue to live? Three, four minutes or long enough to cash their welfare check and call Al Sharpton? ---
**Author:** ![rat\_avatar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rat_avatar/32/255_2.png) [@rat\_avatar](https://boards.straightdope.com/u/rat_avatar)\ **Post date:** [December 11, 2014, 7:47pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/578 "2014-12-11T19:47:39Z")
> [@doorhinge](#): > > Any amount of force? > > Uncooperative petty criminals create more problems that just being a petty criminal. I suppose the NYC legislature could pass laws that force police officers to wait for suspects to voluntarily put themselves into handcuffs (unless you think that is also oppressive) and then wait for the suspect to climb into the back seat of a patrol vehicle. Should the suspect be allowed to sit in the front seat if they call, “SHOTGUN” before the officer does? Or maybe suspects should be transported via ambulance, just in case the suspect has a bad heart? Fallacy of false dichotomy. They could follow industry best practices and attempt de-escalation. [http://www.calea.org/content/integrated-approach-de-escalation-and-minimizing-use-force](http://www.calea.org/content/integrated-approach-de-escalation-and-minimizing-use-force) Or, had they not been following draconian abusive policing policies that were intended to harass poor people of color they could have simply followed the course of action that most police officers do for most minor misdemeanors by handing over a summons or a ticket. The stop and frisk and unwarranted arrests are the core problem that you so conveniently ignore. ---
**Author:** ![Human\_Action](https://avatars.discourse-cdn.com/v4/letter/h/ac91a4/32.png) [@Human\_Action](https://boards.straightdope.com/u/Human_Action)\ **Post date:** [December 11, 2014, 8:55pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/579 "2014-12-11T20:55:01Z")
> [@Shodan](#): > > Apart from the blood choke, it does not appear to me that anything else the police did was wrong, in the sense of being illegal or against department policy. Pinning a suspect down to handcuff him is neither illegal, against policy, nor (IMO) wrong. And the police cannot be expected to know that a suspect who is morbidly obese, also has diabetes, severe asthma, sleep apnea, and heart disease, and therefore is going to die if he is subdued after resisting arrest. > > Regards, > Shodan Here’s the thing: pinning a suspect down to handcuff him - that is, the use of force - should be a last resort. The tackle and choke didn’t happen in a vacuum, we can examine the entire incident, not just the details of how Garner was cuffed and pinned. The police were confronted with an upset man, complaining that the police were harassing him. He brushed off an attempt at restraining his arms with a “Don’t touch me!”. This individual is not a threat to anyone. He’s unarmed. He’s just pissed off. Of the various ways to handle this person, do you really believe that the first option should be surrounding and tackling him? > [@doorhinge](#): > > Any amount of force? Again: Non-compliance doesn’t make a citizen fair game for any amount of force the police deem necessary. It’s not an all-or-nothing proposition, where police can either do nothing, or use the most force they capable of inflicting. So, merely establishing that Garner was resisting arrest (in a non-threatening, non-violent fashion, mind you) doesn’t then make any and all use of force a-ok. > [@doorhinge](#): > > Uncooperative petty criminals create more problems that just being a petty criminal. I suppose the NYC legislature could pass laws that force police officers to wait for suspects to voluntarily put themselves into handcuffs (unless you think that is also oppressive) and then wait for the suspect to climb into the back seat of a patrol vehicle. Should the suspect be allowed to sit in the front seat if they call, “SHOTGUN” before the officer does? Or maybe suspects should be transported via ambulance, just in case the suspect has a bad heart? Ignoring the above nonsense, it’s now your turn: Could the police officers involved have made better choices, or only Garner? > [@Smapti](#): > > It’s worth remembering at this time that the NYPD does _not_ prohibit its officers from using blood chokes. The ban on chokeholds, as cited upthread extends only to those that inhibit breathing, not holds that inhibit blood flow and have little in common with traditional chokeholds except for the name. > > So at this point, the entire “he used an illegal chokehold” talking point is factually incorrect. From [the NYPD Patrol Guide:](http://www.pbs.org/pov/everymothersson/special_nypd_force.php) > [@](#): > > Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air. Are you saying that a forearm placed around the throat and tightened, as is evident in the video, does _not_ meet the above definition of a chokehold? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [December 11, 2014, 9:19pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/580 "2014-12-11T21:19:06Z")
> [@rat\_avatar](#): > > Fallacy of false dichotomy. > > They could follow industry best practices and attempt de-escalation. > > [http://www.calea.org/content/integrated-approach-de-escalation-and-minmizing-use-force](http://www.calea.org/content/integrated-approach-de-escalation-and-minimizing-use-force) > > Or, had they not been following draconian abusive policing policies that were intended to harass poor people of color they could have simply followed the course of action that most police officers do for most minor misdemeanors by handing over a summons or a ticket. > > The stop and frisk and unwarranted arrests are the core problem that you so conveniently ignore. Then you have a problem with the legislature. Get elected and pass laws concerning police behavior that is more in keeping with your wishes. [Previous page](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271.md?page=28) [Next page](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271.md?page=30)