Sunday, July 20, 2014
NYPD Officer Daniel Pantaleo should be charged with second degree manslaughter for killing Eric Garner. If convicted, he could be sentenced to sentenced to serve up to 15 years in prison.
Section 125.15 of the New York Penal Code defines second degree manslaughter:
A person commits second-degree manslaughter when he or she (a) recklessly causes the death of another person; (b) commits an unjustified abortional act upon a female which causes her death; or (c) commits assisted suicide.
Section 15.05(3) of the New York Penal Code defines recklessness:
A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
The New York Daily News is reporting today that the NYPD ban on the use of choke holds is unambiguous.
The rule couldn’t be clearer.
“Members of the NYPD will NOT use chokeholds,” the NYPD patrol guide clearly states. “A chokehold shall include, but is not limited to, any pressure to the throat or windpipe which may prevent or hinder breathing to reduce intakes of air.”After several people were asphyxiated while in police custody, the NYPD forbade the use of chokeholds in 1983, stating it could only be used when an officer’s life was in danger. Former Police Commissioner Raymond Kelly banned the use of chokeholds all together in 1993.
The New York Daily News yesterday identified NYPD Officer Daniel Pantaleo as the cop who placed Eric Garner in the choke hold.
Pantaleo, an eight-year veteran, was placed on modified duty Saturday as cops and the Staten Island district attorney investigated the case.
Pantaleo was stripped of his gun and his shield and assigned to work desk duty. The police union immediately denounced the move as “knee-jerk” and “completely unwarranted.”
But detectives arrived at his Staten Island home Saturday afternoon, leaving about 25 minutes later with one box and three bags taken from the residence.
Officer Justin Damico, on the force four years, was also pulled off the street — but he was not forced to turn in his badge or his weapon.
Manslaughter in the second degree is a class C felony which carries a minimum sentence 1 to 3 years in prison and a maximum period of incarceration of 5 to 15 years.
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