# Why wasn't the police officer who killed Eric Garner indicted?

**URL:** <https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271>\
**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:** 36

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 16, 2014, 11:18pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/701 "2014-12-16T23:18:20Z")

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More cops-haters protesting the arrest of criminals.

_Published on Dec 13, 2014  
“Million Marchers” in Murray Hill neighborhood of NYC chanting “What do we want? Dead cops! When do we want it? Now!”_

[![](https://img.youtube.com/vi/dj4ARsxrZh8/hqdefault.jpg "NYC protesters chant for dead cops") ](https://www.youtube.com/watch?v=dj4ARsxrZh8)

The asshole protesting police for arresting criminals like Garner, 29-year-old CUNY professor Eric Linsker, who was arrested in NYC for throwing garbage pails, assaulting police, robbery, and advanced stupidity, came prepared with a little something extra.

\*Eric Garner Protesters in NY Attack 2 Officers, ‘Bag of Hammers’ Discovered

…Police also reported that they discovered a bag filled with newly-purchased hammers and a face mask, obviously meant for use as weapons during the protest\*.

[http://www.breitbart.com/Big-Government/2014/12/13/Eric-Garner-Protesters-in-NY-Attack-2-Officers-Bag-of-Hammers-Discovered](http://www.breitbart.com/Big-Government/2014/12/13/Eric-Garner-Protesters-in-NY-Attack-2-Officers-Bag-of-Hammers-Discovered)

\*NY Professor Arrested for Assaulting Cops at Eric Garner Protest March

…Police observed a man starting to engage in unruly behavior and property destruction, but when they moved in to apprehend the protester, he fought them. Police said that the man “violently resisted” their attempts to arrest him. Police also said that the suspect “punched and kicked the lieutenants while attempting to remove their NYPD jackets and radios.”

Other protesters also attacked the police, obstructing their effort to arrest the then-unknown troublemaker. But officers noted that some protesters did try to assist police. One officer suffered a broken nose, but both officers were treated and released on Saturday evening.

Now, a day later, police have announced that the man they were attempting to arrest is 29-year-old CUNY professor, poet, and Brooklyn resident Eric Linsker. Police report that Linsker was hit with seven charges: robbery, assault on a police officer, rioting, resisting arrest, reckless endangerment, obstructing government administration, and unlawful possession of marijuana.\*

[http://www.breitbart.com/Big-Government/2014/12/14/NY-University-Professor-Arrested-for-Assaulting-Cops-During-Eric-Garner-Protest-March](http://www.breitbart.com/Big-Government/2014/12/14/NY-University-Professor-Arrested-for-Assaulting-Cops-During-Eric-Garner-Protest-March)

What’s this? Another pothead resorts to violence? But I’ve been told that potheads are peaceful (or at least too stupid) and don’t resort to violence. I guess those reports are wrong.

At a news conference yesterday, a police spokesman said that the three women and three men who had also kicked and punched the officers are being sought and YouTube pictures are being used to identify them.

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 16, 2014, 11:26pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/702 "2014-12-16T23:26:46Z")

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> [@Saint\_Cad](#):
>
> 1)… and in fact the evidence indicates that this “career criminal” was in fact NOT selling untaxed cigarettes at the time.

(post shortened)

What evidence are you referring to? Is it something you can share with the class? Garner said he wasn’t doing anything wrong.

The police said that they had witnessed Garner’s criminal activity and that was the reason for the arrest.

Unless you have some proof that the police could not have witnessed the crime, I have to go with what the police said. An unfounded assumption that all police lie all the time just isn’t very convincing.

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**Author:** ![andros](https://avatars.discourse-cdn.com/v4/letter/a/e480ec/32.png) [@andros](https://boards.straightdope.com/u/andros)\
**Post date:** [December 17, 2014, 12:35am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/703 "2014-12-17T00:35:55Z")

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> [@doorhinge](#):
>
> More cops-haters protesting the arrest of criminals.

The plural of “anecdote” is not “data.”

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [December 17, 2014, 12:56am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/704 "2014-12-17T00:56:53Z")

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And the font of truth is not named “Breitbart”. I mean, seriously, dude, you cite _Breitbart_!?!

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [December 17, 2014, 5:03am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/705 "2014-12-17T05:03:07Z")

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I have to admit that I’m really confused. Has anyone on Earth other than doorhinge claimed the police witnessed the crime? Do the police themselves even claim this? Is there any evidence that he committed the cigarette crime in the presence of the police?

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [December 17, 2014, 6:35am UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/706 "2014-12-17T06:35:44Z")

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Well, he’s a career criminal, we can safely assume he is committing some crime, if not that _specific_ crime at precisely _that_ moment. But no one has proven that he didn’t just recently commit that specific crime! Or that he was not planning on doing so in the very near future.

So, he had no cigarettes to sell, then he had probably just sold out, and was about to use a “burner” cell phone to “re-up” his supply. Maybe the cops knew that and were hoping to nab his supplier!

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [December 17, 2014, 1:30pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/707 "2014-12-17T13:30:42Z")

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Hell, he’s probably committing a crime _now_. Better fire some rounds into his coffin.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [December 17, 2014, 4:07pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/708 "2014-12-17T16:07:51Z")

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> [@doorhinge](#):
>
> The police said that they had **witnessed** [Emphasis added] Garner’s criminal activity and that was the reason for the arrest.

Show me even ONE reference that police witnessed the crime. Every, and I mean EVERY report and article I read said there was suspicion.

There were no untaxed cigarettes on Garner. If police WITNESSED him selling the cigarettes (maybe he sold his last pack?), why were the cigs not confiscated from the guy that bought them as evidence?

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**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\
**Post date:** [December 17, 2014, 4:18pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/709 "2014-12-17T16:18:45Z")

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> [@doorhinge](#):
>
> [http://www.breitbart.com](http://www.breitbart.com)…

Do you have a reputable confirming source, such as _The Onion_?

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [December 17, 2014, 5:15pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/710 "2014-12-17T17:15:30Z")

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> [@Steve\_MB](#):
>
> Do you have a reputable confirming source, such as _The Onion_?

[NBC New York](http://www.nbcnewyork.com/news/local/Man-Arrested-on-Riot-Charge-After-NYC-Protest-Violence-Millions-March-Eric-Linsker-285757311.html):

> [@](#):
>
> When Linsker fled, police say he dropped his backpack. Inside, police allegedly found two recently-purchased hammers, Linsker’s CUNY identification card, his passport, a MetroCard, debit card and a pill bottle containing marijuana, the court records state.

[CBS New York](http://newyork.cbslocal.com/2014/12/14/1010-wins-suspect-charged-with-assaulting-2-cops-during-brooklyn-bridge-protest/):

> [@](#):
>
> The lieutenants were able to retain what they said is the suspect’s backpack after he got away. Hammers were found inside the bag, police said.

[The New York Times](http://www.nytimes.com/2014/12/15/nyregion/police-arrest-man-on-assault-charge-during-protest-on-brooklyn-bridge.html?_r=0):

> [@](#):
>
> The criminal complaint against Mr. Linsker identified one lieutenant as Philip Chan and the other by only his surname, Gallagher. The police said the lieutenants, members of the department’s Legal Bureau, saw Mr. Linsker trying to throw a trash bin over the side of the walkway and moved to arrest him. But a group of protesters stepped in and prevented the arrest, the police said. There were no other officers around to assist, the police said.
> 
> “The two lieutenants were assaulted by numerous protesters, resulting in injuries to both of them,” James P. O’Neill, the chief of department, said at a news conference on Saturday night. One of the officers had a broken nose, he said. Both were treated at NewYork-Presbyterian/Lower Manhattan Hospital.
> 
> None of the alleged assailants was arrested on the bridge, but the police said the lieutenants were able to hold onto a backpack that one of the assailants was carrying. The police found three hammers, a black mask and a university identification card inside, the complaint said.
> 
> From that backpack, detectives were able to track down Mr. Linsker, who teaches an English composition class at Baruch College, early Sunday morning, the police said.

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 17, 2014, 6:59pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/711 "2014-12-17T18:59:46Z")

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> [@Saint\_Cad](#):
>
> Show me even ONE reference that police witnessed the crime. Every, and I mean EVERY report and article I read said there was suspicion.
> 
> There were no untaxed cigarettes on Garner. If police WITNESSED him selling the cigarettes (maybe he sold his last pack?), why were the cigs not confiscated from the guy that bought them as evidence?

You’ll have to ask the police.

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 17, 2014, 7:01pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/712 "2014-12-17T19:01:45Z")

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> [@elucidator](#):
>
> Well, he’s a career criminal, we can safely assume he is committing some crime, if not that _specific_ crime at precisely _that_ moment. But no one has proven that he didn’t just recently commit that specific crime! Or that he was not planning on doing so in the very near future.
> 
> So, he had no cigarettes to sell, then he had probably just sold out, and was about to use a “burner” cell phone to “re-up” his supply. Maybe the cops knew that and were hoping to nab his supplier!

If you say so. May I quote you?

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 17, 2014, 7:05pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/713 "2014-12-17T19:05:31Z")

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> [@elucidator](#):
>
> And the font of truth is not named “Breitbart”. I mean, seriously, dude, you cite _Breitbart_!?!

Pick another site. There are several who have reported the story and a college “professor” has been arrested for committing the assaults.

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**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 17, 2014, 7:05pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/714 "2014-12-17T19:05:41Z")

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> [@doorhinge](#):
>
> You’ll have to ask the police.

In other words, your assertion that they observed him committing a crime is rectally derived.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [December 17, 2014, 7:59pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/715 "2014-12-17T19:59:17Z")

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> [@doorhinge](#):
>
> You’ll have to ask the police.

No I don’t. YOU’RE the one making the claim so [YOU need to provide the evidence](http://rationalwiki.org/wiki/Russell%27s_Teapot).

Do you have any evidence or reports or quotes indicating the police saw (as in eyewitness and not merely suspecting) Garner selling the cigs?

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 17, 2014, 9:39pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/716 "2014-12-17T21:39:59Z")

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> [@Saint\_Cad](#):
>
> No I don’t. YOU’RE the one making the claim so [YOU need to provide the evidence](http://ratonalwiki.org/wiki/Russell%27s_Teapot).
> 
> Do you have any evidence or reports or quotes indicating the police saw (as in eyewitness and not merely suspecting) Garner selling the cigs?

You’ll still need to ask the police for a definitive answer to what the police actually saw. Police witnessed something that they thought looked suspiciously like a violation of the law. The police suspected that they were eyewitnesses to a crime. Police then attempted to detain and arrest the suspect.

It’s a case of he said/he said. Garner said he didn’t do anything wrong. The police said Garner had committed a crime. To an impartial jurist or jury, it’s a tie. Some people might favor police testimony over a defendants, while others might believe anyone other than a police officer. I would prefer that someone else came forward and EITHER confirmed the officer’s version OR provided evidence that police could not have witnessed a crime because (fill in your favorite excuse here).

As things stand now, I believe that police suspected that they had witnessed a crime.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [December 17, 2014, 9:47pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/717 "2014-12-17T21:47:19Z")

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> [@doorhinge](#):
>
> You’ll still need to ask the police for a definitive answer to what the police actually saw. Police witnessed something that they thought looked suspiciously like a violation of the law. The police suspected that they were eyewitnesses to a crime. Police then attempted to detain and arrest the suspect.

Again and stop dancing around the question. Where is there any evidence that the police were eyewitnesses to any crime? Why do I need to find the sources or ask the police to back up YOUR statement? Do you have any cites that police claim to see something (other than just suspecting or having a report of a crime being violated? If not then quit arguing it as a fact that they WITNESSED a crime.

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**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 17, 2014, 9:54pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/718 "2014-12-17T21:54:34Z")

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> [@doorhinge](#):
>
> YPolice witnessed something that they thought looked suspiciously like a violation of the law. The police suspected that they were eyewitnesses to a crime.

Says who? Where do you get this crap?

> [@](#):
>
> It’s a case of he said/he said.

No it’s not – you haven’t provided anything that shows the police witnessed a crime.

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<div class="post-metadata">

**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [December 17, 2014, 10:16pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/719 "2014-12-17T22:16:19Z")

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> [@Saint\_Cad](#):
>
> Again and stop dancing around the question. Where is there any evidence that the police were eyewitnesses to any crime? Why do I need to find the sources or ask the police to back up YOUR statement? Do you have any cites that police claim to see something (other than just suspecting or having a report of a crime being violated? If not then quit arguing it as a fact that they WITNESSED a crime.

There are three choices. Someone reported a crime to the police and the police responded. Police witnessed a crime and attempted to arrest the suspect. Police made up the whole thing in order to strangle Garner in broad daylight.

AFAIK, there were no reports of police responding to a complaint from the public concerning Garner’s selling cigarettes. Unless/until someone comes forward to prove that the police could not possibly have seen Garner selling cigarettes, I’m going to have to take the word of the police.

You don’t have to prove anything because you couldn’t possibly have seen anything.

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**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 17, 2014, 10:27pm UTC](https://boards.straightdope.com/t/why-wasnt-the-police-officer-who-killed-eric-garner-indicted/706271/720 "2014-12-17T22:27:55Z")

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> [@doorhinge](#):
>
> Unless/until someone comes forward to prove that the police could not possibly have seen Garner selling cigarettes, I’m going to have to take the word of the police.

What word? Where did the police even say they witnessed a crime? I have yet to see such a cite.

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