By now, just about everyone in the United States has heard of this case from New York where Mr. Garner was being arrested. One police officer put him in a choke hold or a head lock (The masses are mostly familiar with only one choke hold: the rear naked choke. There are in fact, many different choke holds). Mr. Garner was taken to the ground and began to yell "I can't breathe" as other officers cuffed him. He lost consciousness at some point and later died. The majority of the incident was caught on multiple cell phone cameras.
The controversy stems from the fact that Mr. Garner was black and the cop who applied the choke hold was white. In addition to him yelling that he could not breathe and that the NYPD (the department involved) had barred the use of choke holds and that there will be no charges against the officer involved. Then there are several other point being brought up to add sympathy points: Mr. Garner was a father and common opinion of him was good and that he was originally being arrested for selling un-taxed cigarettes. Lust like in Ferguson, people are calling foul on the grounds of racism.
Let's take the reactionary emotion out of the picture for a moment and examine some other ideas or facts surrounding the incident.
Fact: Mr Garner was no stranger to the law and had a criminal record that included more than 30 arrests going back almost 30 years and include resisting arrest, grand larceny, and assault. At the time of the incident, he was out on probation for selling un-taxed cigarettes, driving without a license, marijuana possession, and false impersonation. I can't speak to the notion that he was a great guy and father.... he certainly may well have been but he tended to break the law.
Fact: Member of the NYPD cannot use choke holds. Plain and simple. The officer (Daniel Pantaleo) violated policy when he was attempting to subdue Mr. Garner.
Fact: Mr. Garner had heart failure, asthma, and was overweight. All factors included in the official cause of death from an autopsy. He was also 6'3" and weighed 350 lbs.
Fact: The police were contacting Mr. Garner on suspicion that he was again selling un-taxed cigarettes and he became agitated and resisted arrest when an officer tried to take a physical hold.
Fact: The death was ruled as a homicide by the New York Medical Examiner but noted that there was no damage to the windpipe or neck bones.
Fact: A grand jury was convened and after hearing evidence in the case, decided not to indict Officer Pantaleo.
Now let's have a but of discourse on the event. It is a sad day when anyone looses their life. Even sadder when that life didn't have to be lost. My condolences go out to his family and that I am sorry for their loss. I hope they can grieve and heal as best as can be expected after experiencing such devastation. The police officers claim they witnessed Mr. Garner selling cigarettes illegally and that was why there were going to arrest him. I wont argue about the decision to arrest him or whether or not it was the "right" thing to do. The fact of the matter is that they were going to arrest him and any law enforcement officer will tell you that once you have made that decision and communicated it, you must follow through.
Mr. Garner immediately resisted arrest and that was wrong. No one should resist a lawful arrest.... even an unlawful one should only be resisted under a very extreme and precise set of circumstances. Mr. Garner is a huge guy. Those familiar with combatives will attest to the fact that size makes a big difference in a physical encounter even when training and experience does not favor the bigger guy. Guys like that can be very hard to control and can inflict severe damage quickly should they decide to. Officers know that when a suspect is resisting, they must get control quickly because the longer the struggle, the more likely someone will get hurt. At the end of the day, all the officers want to do is go home alive and that thought is foremost in their minds. Grabbing the neck serves two purposes: It can be the target of submission holds and it is a point of leverage on a body. When subjects resist, officers generally take them to the ground where control is easier. If a guy is that tall, pulling him down will be hard especially if he is that heavy and doesn't want to.
I can sympathize with the officers decision to do what he did but don't let that be understood as a claim the he did the right thing. The technique was barred and he should not have done it if only for the reason that he wasn't supposed to. Applied incorrectly, holds of that type can cause internal damage to the neck. He should not have done it. Should he be reprimanded? yes. Should he be punished? Yes. Should he go down for murder? No. Murder has a definition in every state and it varies slightly in it's wording but the concept is the same: Murder is the unlawful killing of a human by another human with malice aforethought. Premeditation is the element missing here. Depending on which definitions, perhaps involuntary homicide would be an appropriate indictment.
Both men made mistakes that day and unfortunately it culminated in Mr. Garners death. If Mr. Garner hadn't resisted arrest, he would probably still be alive today. By the same token if Officer Pantaleo had not used a banned take-down Mr. Garner might still be alive. Both are, in some part, responsible for the death. How much and where is not my place to say. Neither is it the place of protesters, Jesse Jackson, or politicians. It was the place of the grand jury and even though I do not agree with their decision, it is their decision. We must move forward.
To the protesters: Get a grip! Every time someone who is not white dies during a police encounter it is clearly racism. And when the racism card can't be played, its corruption, prejudice, or a culture of violence. As if only blacks, or Latinos know what prejudice feels like. You arrogant, self-important, egotistical, victim playing jackass! Everyone knows what it feels like to be the subject of prejudice. Maybe not because of your race but maybe by your gender, religion, political beliefs, or social status. Please! You are not a member of some poor persecuted group of helplessly innocent and oppressed sufferers. You are American citizens afforded the same rights and responsibilities as anyone else. Yes, there are some bigoted people and life isn't fair; but the system is not out to get you. You should be ashamed of yourselves for making such quick judgement even while the body is still warm. It's morbid but it's the truth.
You want oppression? There are places in this world where people are being hacked apart with machetes because they live in the wrong place, associate with the wrong people, or get accused of crimes such as witchcraft. There are places in this world where children are beat to death, shot, or burned alive because someone wants revenge for perceived wrongdoing by others. There are places in this world where loved ones can be arrested and never seen or heard from again. Never knowing if they are alive or dead. There are places in this world where your genetics or family history could doom you to a life of starvation and poverty. These things are happening now in all corners of the globe.
What you see are the hysterical idiots screaming of injustice without acknowledging any responsibility on the part of the deceased. You see the activists seizing any opportunity to further their cause. You see the political figures making speeches and demands for press coverage and to further their carriers.
What you don't see are the families of officers who were killed because they hesitated, or tried to prevent a dangerous criminal from doing more harm, or by just being in the wrong spot at the wrong time. You don't see the officers that break down weeping because the victim they rendered first aid to and rode with on the ambulance died in the emergency room. You don't see the grief when responding to a fatal wreck caused by a drunk driver. You don't see the look of fear and helplessness in they eyes of a spouse when their world walks out the front door every morning and the prayer that they come back safe. You don't see hurt when officers must walk away from situations they know will turn bad but there is not enough evidence or cause to intervene.
You want to be a victim? Fine. I will not be a victim. I will not blame others for my circumstance. I will not jump to conclusions and then stick to them with the fervor of a Southern Baptist preacher even in the face of incontrovertible facts. Being a victim is the cowards way out.
On the lighter side of things: Chris Rock has a hilarious Educational Video
No comments:
Post a Comment