NYPD Officer Daniel Pantaleo should be charged with second degree manslaughter for killing Eric Garner

Sunday, July 20, 2014

Good morning:

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.

/snip/

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.

This is our 1145th post.

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Thanks,

Fred

28 Responses to NYPD Officer Daniel Pantaleo should be charged with second degree manslaughter for killing Eric Garner

  1. Vincent Shapiro says:

    I support the NYPD. I do not support criminals such as Daniel Joseph Pantaleo. He needs to be in a state prison. Anything else would be an injustice. Time to put losers like Pantaleo behind bars.

    • Welcome to the blog, Vincent.

      Just so you know, I have many friends who are in law enforcement or are former law enforcement officers, both federal and state. I have employed former law enforcement people as investigators to work on my cases.

      I appreciate good police work.

      I do not appreciate corrupt police officers and will speak out against corruption wherever and whenever I find it.

      I believe Pantaleo committed a crime and should be prosecuted for it.

      In my experience, honest cops despise the bad cops.

  2. Serge says:

    The way I see it, the NYPD and every member, the commissioner and the mayor are guilty of harboring a murderer. This makes them no longer cops, but criminals who deserve to get cut down in the streets because that’s the only justice we’ll ever see when they murder.

  3. TSGT WOODY, USAF RETIRED (IM WHITE) says:

    DANIEL PANTALEO COMMITED MURDER AND [edited by moderator-please note, we advocate due process.]

  4. danise resto says:

    i am a staten islander of color who has beenn falsly detained by these racist pigs the man is a murderer he should have been off the street a long time ago

    • This is the stuff officers are saying – On PoliceOne.com, one person wrote, “Mayor you killed our effectiveness on the street, when you killed Stop and Frisk. Because of a few bleeding heart liberals and a few ethnic groups who believe they are the only ones being stopped. You shut down the whole system. Because now all those baggy … pants you see walking around are probably locked and loaded.”

      I do not want this protecting me!

  5. J4TMinATL says:

    I’m waiting to see what autopsy says.

  6. EveryoneIsEntitledToTheirOpinion says:

    Brother sorry they hung up on you…

  7. EveryoneIsEntitledToTheirOpinion says:

    Interesting video…call to the Mayors office…

    • Donovan says:

      Well, you’re not really a constituent, since you are in Michigan. Be that as it may, what occurred in NY, and quite frankly, what occurs far too often in this nation is just unacceptable and heartbreaking.

  8. Wonderful to hear the protestors chant these words….

    I CAN’T BREATHE! I CAN’T BREATHE! I CAN’T BREATHE!

    • EveryoneIsEntitledToTheirOpinion says:

      The police were so irritated…

      • volgaknight says:

        Your suggestion regarding psychological testing of police officers is well founded. I think I can speak with a little authority on this subject because of my personal history & experience. First, I have many cops in my immediate family: my son, several nephews, uncles, and, both my parents-in-law. Adding in all their associates we’re talking one, or, two hundred, first hand contacts. Also, my father was a psychiatrist, and worked for the Department of Mental Hygiene in NY State. He worked on thousands of cases, among which were many as a court appointed expert (on both sides, prosecution, and, defense) He, also was called in by our Military to work on the large number of so called “brain washing” episodes with our soldiers (POW’S) when they came back from the Korean War.

        So, that’s my resume, and, here’s just one of my experiences:

        A friend and I were going to Las Vegas a few years ago for some R & R. When we got there (no reservations) we couldn’t find a room in any of the hotels because they were all full due to the coincidence of many super stars appearing there at that time. So, we got a phone book and started calling hotels alphabetically, A-Z.

        After a couple of calls we got one that said, “sure, c’mon over.” They gave us directions, and, when we got there we, immediately knew why they had rooms available. It was a nice, small, clean, hotel, but…………it was “on the other side of the tracks,” an all-black neighborhood. (We are both white) Well, stuff like that never bothered us, “John” and I looked at each other, and said, “The place is nice, the price is right, let’s go for it.” And, we did. So far, so good. Later that night, after showering, getting dressed up, we were ready to go out and have a good time in L.V. Or, so we thought.

        While driving from our hotel towards the bright lights of The Strip we were stopped suddenly by the flashing lights of a police cruiser, ordering us to pull over. Upon stopping we were or told to get out of the car and stand about 20 feet apart while they did their radio check. Finally, the two cops got out of their cruiser, and, one motioned for me to come over to him while the other did the same to John.

        As soon as the one cop and I got close together I, of course, asked (very politely) why we were being stopped. I got my answer right away……..with the crack of a baton across the back of my legs. Before I even hit the ground I got another smash into my spine. Gasping for air, beginning to pass out, I got another smack, this time a kidney blow with his baton, delivered with the full force of both arms.

        While on the ground, thinking I was about to be killed, I looked over and could see that John was getting the same treatment as me. After the beatings we were told to stay there, not move a muscle, while they went to their car to receive the rest of their radio background check on us.
        Eventually, “my” cop got out and came over to me. I looked up at him, and, again, asked, “why did you stop us, I trust the information you got satisfied you that we’re not criminals.” Answering my question with his question, “what are you guys doing here (meaning “here” being a black section.) I answered him by relaying the chain of events that led us to staying at that hotel, and, again, since we had no criminal record, asking if we could go?
        He admitted that there was nothing bad in our history, and, then went on to say how this stop was really doing us a big favor. The area was really “bad,” all sorts of crime was being committed, and, if we were determined to stay at that hotel, well, they had done everything they could to prevent us from being robbed, or, killed. Oh, and, if we got the silly notion of reporting this “encounter,” well, “just remember what we said about the possibility of your being robbed, or, killed. ”Finally, with no apology, just a simple, “enjoy your stay in Las Vegas,” they got into their car and left.

        So, that’s the end of just one of my stories. I would like to thank those of you who had the patience to read it all the way through. Since this subject, the police, and, the entire criminal justice system is very near and dear to my heart I’ll end it here for tonight. However, I will be writing a lot more about this subject as time goes on. I just wanted to, basically, introduce myself, and, to give you a tiny slice of my background and history. Hopefully, you’ll find it interesting, and, we can get a real, productive dialogue going.

        Thank you again.

  9. Malisha says:

    Look!

    http://www.silive.com/news/index.ssf/2014/07/chokehold_cop_was_defendant_in.html

    The City should be sued for a million bucks or more for endangering its citizenry by continuing to allow this man on the streets after his record. GET THESE RACIST PUNKS OUT OF UNIFORM AND OFF THE STREETS!!

    • MKX says:

      Man, NYC has a problem with twig armed big gut cops who can “be tough” because they are hiding behind a badge and gun.

      I hate to say this, but, if this shit does not stop, how far are we away from a Northern Ireland situation?

      All these events that go on in NYC lead me to see that the PD is an arm of ethnic intimidation of people of color.

      That will lead to either a riot or a counter-insurgency.

    • fred says:

      Malisha, you speak the truth, there are young black kids watching this video everday. And, now they, are afraid that they may be the next dead black person for doing nothing more that selling cigarettes on the street. There was NO REASON to kill Eric all they had to do I tazor him if they felt there could have been a problem and even that seemed uneccessary. The same thing should be done to Daniel Pantaleo as was done to Eric.
      put him away until he rotts in a jail and dies.

  10. bettykath says:

    DeBlasio isn’t Bloomberg. He immediately dropped the appeal on the stop and frisk case and instituted the recommendations. He also stopped the b.s. around the Central Park young men who were falsely convicted of raping and murdering the jogger. He directed the city to settle their lawsuit.

  11. EveryoneIsEntitledToTheirOpinion says:

    I have “zero” faith in law enforcement. If you have, problems handle them yourselves. It is too dangerous asking an officer for help. I remember in the 1970’s and 1980’s I felt comfortable asking a cop for directions now they are so violent and scary I will just use a GPS and pray I arrive safely. I spoke with my relative who is a sheriff in California and he sadly said the officer would walk just like all the other cops who murder innocent men hiding behind the badge. I believe every officer should be psychologically tested; but in reality, the system wants hot heads like the murdering scum bucket officer.

    I have come to my conclusion the reason they do not release officers from their position is due to the fact multiple lawsuits will ensue. If you find one officer guilty, it creates a bowling ball effect. My main concern is when you are reviewing the actual crime on video these bloodthirsty NYPD criminals in black-suits want to tell you what you saw with your eyes did not happen. I believe the Mayor is married to a black woman; she needs to be outraged enough to use her influence to seek justice. Now the NYPD coroner is at work trying to sway the story; he would have died anyway! I would have an independent autopsy because they all cover each other.

    RIP Eric Garner

    • bettykath says:

      DeBlasio is married to a Black woman but I think you’re stereotyping a bit. Why would you think DeBlasio wouldn’t take action unless his wife used her influence? DeBlasio immediately stopped the appeal on the stop and frisk lawsuit and instituted the recommendations. He also directed the city to settle the lawsuit with the young men falsely convicted of raping the Central Park jogger. The city had been dragging its feet. I expect him to do right in this case.

    • fred says:

      Daniel Pantaleo needs to held accountable. Why did they even have to touch him, isn’t that why they have tazers and he would probably still be alive, I am incents. THis guy has to go to jail forever. KILLER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  12. colin black says:

    o t …

    Anyone else getting nag adds at top of screen when they access this site?
    I ask because i keep getting this phucking nag add thingy ibstalling itself on my pc,

    Not from this site i may add norton says its safe.
    And ive never ever seen adds on Fred an Cranes site.

    May have to get someone to clear my index.

  13. Ryan s says:

    This nypd officer should definitely be charged , I seen the video multiple times Eric did not deserve to die like that

  14. Malisha says:

    It is very clear cases that go most often awry. It is the custody/incest cases that have the MOST evidence that most often result in the child being handed over to the alleged molester whose sole bid for custody is based on the idea that the allegation was false and the child needs to be removed from the parent who supported a false allegation. It is the murder that takes place in an open space with the verbatim intentions of the murderer on tape with the police department and the physical evidence all, without exception, proving the facts of the murder, that results in acquittal. It is the video-taped event that shows without any doubt at all a crime being committed against a victim by a perpetrator who has decided that he is above the law that can lead to yet another intolerable outrage.

    I do not expect honesty from the New York authorities. They have never earned that expectation. Perhaps they are not quite as bad as those in Florida, in Georgia, in Texas, in California, in Iowa — but perhaps such a contest is irrelevant. I expect no harm will come to this killer because the system is set up to allow bullies to win based upon their record of having bullied and won before.

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