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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
12/4/2014 10:45:51 AM

Justice Dept. to investigate NYC chokehold death

Associated Press

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Justice Dept. to Investigate NYC Chokehold Death


WASHINGTON (AP) — The Justice Department will conduct a federal investigation into the chokehold death of an unarmed black man after a grand jury in New York City declined to indict the white police officer who applied the move, Attorney General Eric Holder said Wednesday.

The investigation will look for potential civil rights investigations in the July 17 death of Eric Garner, 43, who was confronted by the officer on suspicion of selling loose, untaxed cigarettes. A video shot by an onlooker showed Garner telling officers to leave him alone as they tried to arrest him and one then responded by wrapping his arm around Garner's neck in what appeared to be a chokehold.

Calling the death a "tragedy," Holder said it was one of "several recent incidents that have tested the sense of trust that must exist between law enforcement and the communities they are charged to serve and protect." The death occurred weeks before the deadly police shooting in Ferguson, Missouri, a case also under investigation by the Justice Department and in which a local grand jury last week also cleared an officer of wrongdoing. The cases together have contributed to a national discussion about use of excessive force by police and their treatment of minorities.

"This is not a New York issue or a Ferguson issue alone," Holder told reporters late Wednesday. "Those who have protested peacefully across our great nation following the grand jury's decision in Ferguson have made that clear."

Separately, New York Mayor Bill de Blasio said he had spoken with Holder and Loretta Lynch, the U.S. attorney for the eastern district of New York who has been nominated as Holder's successor, and was told that the federal investigation into the death will now move forward.

The federal investigation was announced hours after a New York grand jury chose not to indict Officer Daniel Pantaleo, who remains on desk duty. The grand jury could have considered multiple charges, from murder to a lesser offense such as reckless endangerment, but Staten Island District Attorney Daniel Donovan said jurors found "no reasonable cause" to bring charges.

Chokeholds are banned under New York Police Department policy. But police union officials and Pantaleo's lawyer argued that the officer used a legal takedown move taught by the police department because Garner was resisting arrest. The medical examiner ruled Garner's death a homicide and found that a chokehold contributed to it.

The Justice Department had been monitoring the outcome of the local investigation before announcing its own probe. That investigation will be similar to a separate federal one already underway into the Aug. 9 shooting death in Ferguson of Michael Brown, an unarmed black 18-year-old. A county grand jury in that case decided last week to not indict the white officer, Darren Wilson.

To mount a federal prosecution in police misconduct cases, officials have to satisfy an extremely difficult legal standard — that the officer willfully violated a victim's civil rights and used more force than the law allowed. Though the legal standard will be the same in both the Ferguson and New York cases, there are important differences between the two investigations, said William Yeomans, a former Justice Department civil rights official.

"One big difference, and one thing I think makes this an easier investigation, is the existence of videotape," Yeomans said. "We didn't have that in Ferguson, and we would know much more about what happened in Ferguson if we had."

He said that while he did not know all the facts in the case, an argument that the force was necessary seemed harder to reasonably make in Garner's death.

"(Garner) was helpless, and of course, in the videotape, you can hear him saying repeatedly, that he couldn't breathe," he said. "He was clearly not in any kind of threatening posture."

___

Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP





"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
12/4/2014 10:54:53 AM

Protesters block NY streets after officer cleared in chokehold death

Reuters
4 hours ago


New York City police arrest a young woman on a shutdown portion of the Westside Highway during a protest against the decision of a grand jury not to indict a police officer involved in the death of Eric Garner in New York, New York, December 3, 2014. (EPA/PETER FOLEY)


By Daniel Bases, Zachary Goelman and Robert MacMillan

NEW YORK (Reuters) - Thousands of demonstrators disrupted New York City traffic into early Thursday after a grand jury decided not to bring charges against a white police officer in the chokehold death of an unarmed black man.

Mostly peaceful protests sprung up on Wednesday evening at locations throughout Manhattan, including Grand Central Terminal, Times Square and near Rockefeller Center, after the panel returned no indictment against Officer Daniel Pantaleo in the death of Eric Garner in July. The U.S. Justice Department said it was investigating to determine whether Garner's civil rights had been violated.

The 43-year-old father of six was accused of illegally selling cigarettes on a sidewalk when Pantaleo put him in a chokehold from behind and tackled him with the help of other officers. Police said he had resisted arrest. The city's medical examiner had ruled the death a homicide.

The deadly encounter on Staten Island, New York City's least populous borough, was captured on a video that quickly spread over the Internet and fueled debate about how U.S. police use force, particularly against minorities.

President Barack Obama said the grand jury decision spoke to "the concern on the part of too many minority communities that law enforcement is not working with them and dealing with them in a fair way."

The decision poses the biggest challenge yet for New York Mayor Bill de Blasio, who came into office in January promising to mend strained relations between black New Yorkers and the police department.

It was the second grand jury in just over a week to decline to prosecute a white policeman in the death of an unarmed black man. The decision by a panel in the shooting death of black teenager Michael Brown in Ferguson, Missouri, sparked a spasm of violence, with businesses burned and looted in the St. Louis suburb.

By contrast, the New York protests were civil, with about 30 arrests by mid-evening. Police were clearly showing restraint and allowing demonstrators to block traffic briefly before coaxing them to move on.

Marchers snaked through the streets for hours, chanting and bumping up against throngs of tourists in New York for the holiday season. Disparate clusters of protesters crossed through Times Square a number of times, and one group brought traffic on the West Side Highway along the Hudson River to a standstill.

Later, after marching from Central Park to lower Manhattan, some protesters crossed a bridge into the borough of Brooklyn.

Keiha Souley, 35, was driving his taxi cab on Broadway when protesters blocked traffic. As he chanted along with demonstrators, he said he did not mind the delay.

"You've got to stand up sometime," he said.

In one of several "die-ins", demonstrators laid on the pavement in silent protest about a block from where the Christmas tree lighting ceremony was under way at Rockefeller Center. Police blockaded the street, preventing marchers from interrupting the nationally televised event.

About a thousand people packed into the ornate main hall of Grand Central Terminal for a noisy but peaceful protest.

'NO FERGUSONS'

On Staten Island, near the site where Garner was apprehended, Daniel Skelton, a black 40-year-old banker, spoke loudly as he voiced his outrage: "A black man's life just don't matter in this country."

Garner's stepfather Benjamin Carr, also at the scene, consoled another angry man in a car.

"We don’t want no Fergusons here," Carr said. "All we want is peace."

The Justice Department said it would investigate the Garner case. It is already probing the circumstances of the Missouri shooting.

"Our prosecutors will conduct an independent, thorough, fair and expeditious investigation," U.S. Attorney General Eric Holder told reporters in Washington. "In addition to performing our own investigative work, the department will conduct a complete review of the material gathered during the local investigation."

Legal experts say that while there is no explicit law against chokeholds, their use is prohibited by New York police regulations. Any violation, however, would not necessarily constitute a crime, they said. The Patrolmen's Benevolent Association, the municipal police union, said officers involved in the Garner incident acted within the scope of the law.

MAYOR'S WARNING TO SON

Mayor de Blasio praised New York Police Commissioner Bill Bratton's efforts to bridge a long-standing divide between police and minority groups, but de Blasio also said he had warned his African-American son to take "special care in any encounters with police officers."

In a statement released by the police union, Pantaleo expressed his condolences to Garner's family.

"It is never my intention to harm anyone and I feel very bad about the death of Mr. Garner," he said.

But at a news conference, Garner's widow Esaw Garner rejected Pantaleo's sympathies.

"There's nothing that him or his prayers or anything else will make me feel any different. No I, don't accept his apologies. ...

"He's still working. He's still getting a paycheck. He's still feeding his kids, she said. "And my husband is six feet under and I'm looking for a way to feed my kids now."

Pantaleo, an eight-year NYPD veteran, testified at the grand jury. While that is a rarity in grand jury proceedings to decide whether there are reasonable grounds for an indictment, prosecutors have discretion to put a police officer accused of misconduct on the stand. The officer in the Michael Brown shooting also testified to the Missouri grand jury.

POLICE PROSECUTIONS RARE

It is uncommon for either federal or state prosecutors to charge a U.S. police officer for excessive force, even when a death results.

The U.S. Supreme Court and lower courts have ruled over decades that police officers should have wide latitude to use violence to defend themselves and to take suspects into custody.

In ruling Garner's death a homicide, the city medical examiner said police officers killed him by compressing his neck and chest. His health problems, including asthma and obesity, were contributing factors, the medical examiner said.

The video of Garner's arrest shows him arguing with police officers, saying, "Please leave me alone," and later, "Don't touch me," before Pantaleo puts him in a chokehold. With officers holding him down, Garner pleaded with them, saying repeatedly, "I can't breathe."

(Additional reporting by Zachary Goelman, Frank McGurty, Jonathan Allen, Mica Rosenberg, Daniel Bases, Robert MacMillan, David Ingram, Ellen Wulfhorst, Andrew Chung and Mimi Dwyer in New York, Roberta Rampton and Aruna Viswanatha in Washington; Writing by Ross Colvin, Dan Burns and Frank McGurty; Editing by Leslie Adler and Ken Wills)


"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
12/4/2014 3:10:06 PM
Just outrageous!

Peter King says Eric Garner would not have died from chokehold were he not 'so obese'

'The fact is, if you can't breathe, you can't talk,' Republican congressman says


Dylan Stableford
Yahoo News


Rep. Peter King defended a New York City grand jury decision not to indict Daniel Pantaleo, a white NYPD officer, in the chokehold death of Eric Garner, an unarmed black man, during an arrest on Staten Island in August.

"You had a 350-pound person who was resisting arrest," King told CNN's Wolf Blitzer. "The police were trying to bring him down as quickly as possible. If he had not had asthma and a heart condition and was so obese, almost definitely he would not have died from this."

"People were saying that he said seven times, 'I can't breathe.' But the fact is, if you can't breathe, you can't talk," King continued. "If you've ever seen anyone resisting arrest, I've seen it, and it's been white guys, and they're always saying, 'You're breaking my arm, you're choking me, you're doing this.' Police hear this all the time."

Garner was known in the community for selling cigarettes, King noted, and the police were responding at the request of local "minority business owners." Once Garner was resisting arrest, officers "had no choice but to try and bring him down."

The Republican congressman also criticized the Rev. Al Sharpton and others lobbying for federal charges in the case.

Thanks to SI grand jury for doing justice & not yielding to outside pressure. Decision must be respected. Compassion for the Garner family.


It's not the first time King, former chairman of the House Homeland Security Committee, has spoken out in favor of a police officer in a grand jury case.

Last week, King encouraged President Barack Obama to invite Ferguson, Mo., police officer Darren Wilson to the White House.

"I think it would be very helpful if President Obama went and met with the police officer, or at least invited him to the White House," King said on the Fox Business Network. "And say, 'You've gone through four months of smear and slander, and the least we can do is tell you that it is unfortunate that it happened and thank you for doing your job.'"


"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
12/4/2014 3:26:37 PM

Protests erupt after decision in chokehold death

Associated Press

Associated Press Videos
Protests Follow Grand Jury's Chokehold Decision


NEW YORK (AP) — The cellphone video of the last moments of Eric Garner's life was watched millions of times on the Internet, clearly showing a white police officer holding the unarmed black man in a chokehold, even as he repeatedly gasped, "I can't breathe."

But despite that visual evidence, and a medical examiner's ruling that the chokehold contributed to the death, a Staten Island grand jury decided Wednesday not to bring any charges against the officer involved, prompting protests across the country and sending thousands onto New York's streets, where they marched, chanted and blocked traffic into the next morning.

While legal experts note it's impossible to know how the grand jurors reached their conclusion, they say the Garner case, like Michael Brown's death in Ferguson, Missouri, once again raised concerns about the influence local prosecutors have over the process of charging the police officers they work with on a daily basis.

"The video speaks for itself," said Jeffrey Fagan, a professor at Columbia Law School. "It appears to show negligence. But if we learned anything from the Brown case, it's the power of prosecutors to construct and manage a narrative in a way that can shape the outcome."

Ekow N. Yankah, a professor at Cardozo School of Law, agreed that, "It is hard to understand how a jury doesn't see any probable cause that a crime has been committed or is being committed when looking at that video, especially."

Another observer, James A. Cohen, who teaches at Fordham University Law School, went further, saying, "Logic doesn't play a role in this process."

U.S. Attorney Eric Holder said federal prosecutors would conduct their own investigation of Garner's July 17 death as officers were attempting to arrest him for selling untaxed cigarettes on the street. The New York Police Department also is doing an internal probe which could lead to administrative charges against Officer Daniel Pantaleo, who remains on desk duty.

The grand jury's decision prompted emotional protests around New York and in cities from Atlanta to California.

In Manhattan, demonstrators laid down in Grand Central Terminal, walked through traffic on the West Side Highway and blocked the Brooklyn Bridge. A City Council member cried. Hundreds converged on the heavily secured area around the annual Rockefeller Center Christmas tree lighting with a combination of professional-looking signs and hand-scrawled placards reading, "Black lives matter" and "Fellow white people, wake up." And in the Staten Island neighborhood where Garner died, people reacted with angry disbelief and chanted, "I can't breathe!" and "Hands up — don't choke!"

Police Commissioner William Bratton, in an interview Thursday on Fox-TV's "Good Day New York," said 83 people were arrested. The department said most were for disorderly conduct.

The demonstrations were largely peaceful, in contrast to the widespread arson and looting that accompanied the decision nine days earlier not to indict the officer in Brown's death.

Staten Island District Attorney Daniel Donovan said the grand jury found "no reasonable cause" to bring charges, but unlike the chief prosecutor in the Ferguson case, he gave no details on the grand jury testimony. The district attorney said he will seek to have information on the investigation released.

"Honestly, I think from the beginning I had no faith in Staten Island prosecutors ... I didn't have any kind of encouragement, I felt no remorse, I felt no compassion, no anything from Staten Island besides the people on Staten Island. But as far as the police and the DA, there was no sincerity from day one,' Garner's widow, Esaw Garner, said in an interview on the "Today" show.

In order to find Pantaleo criminally negligent, the grand jury would have had to determine he knew there was a "substantial risk" that Garner would have died. Pataleo's lawyer and union officials argued that the grand jury got it right, saying he used an authorized takedown move — not a banned chokehold — and that Garner's poor health was the main cause of his death.

The Rev. Al Sharpton, who has led protests over the custody death of Garner and the police shooting of Brown in the St. Louis suburb of Ferguson, said the New York decision is yet another reason he has lost confidence in state grand juries and local prosecutors to bring such cases.

"State grand juries tend to be too compromised with local politics because local prosecutors run for office and they have to depend on the police for evidence," he said. "Don't we have the right to question grand juries when we're looking at a video and seeing things that don't make sense?"

The video shot by an onlooker showed the 43-year-old Garner telling a group of police officers to leave him alone as they tried to arrest him. Pantaleo responded by wrapping his arm around Garner's neck in what appeared to be a chokehold.

The heavyset father of six, who had asthma, was heard repeatedly gasping, "I can't breathe!" He later died at a hospital.

The medical examiner ruled Garner's death a homicide and found that a chokehold contributed to it. A forensic pathologist hired by Garner's family agreed with those findings, saying there was hemorrhaging on Garner's neck indicative of neck compressions.

Columbia's Fagan said another factor was that the Staten Island grand jury came from the most conservative and least racially diverse of the city's five boroughs, and home to many current and retired police officers and their families.

"Staten Island is a very different borough," he said. "In fact, it may be closer to suburban St. Louis, and we can't discount that."

___

Associated Press writers Jennifer Peltz, Jake Pearson, Deepti Hajela and Bernard Vaughan contributed to this report.





"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Joyce Parker Hyde

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RE: ARE WE NOW IN THE END TIMES?
12/4/2014 3:39:49 PM
Miguel, should you get a chance either read or watch the movie
"To Kill a Mockingbird" by Harper Lee, 1960
Here is an excerpt from a summary from a site called Schmoop"
Then re-read the details of some of the current stories you are featuring. It may be easier so see why the frustration is erupting like a pot that has been simmering for way too long.

Finally, it's the day of Tom Robinson's trial. The kids sneak over to see, and it's pretty apparent (to us, at least) that the white woman, Mayella Ewell, is lying. Great! Truth and Atticus's lawyering skills win the day, right? Not so much. Tom is convicted, and some of the white folks aren't too happy about Atticus basically accusing the girl and her dad of lying. Then, a few weeks later, Tom is dead, shot while trying to escape prison.

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