Here are the facts:
- Garner was a career criminal with a history of more than 30 arrests including assault and grand larceny.
- Garner was out on bail after being charged with illegally selling cigarettes, driving without a license, marijuana possession and false impersonation.
- Garner resisted arrest which the July 17 video clearly showed when seen in its entirety. He swatted away the arms of a white officer seeking to take him into custody, telling him: “Don’t touch me!”
- Garner, who was 6-foot-3 and weighed 350 pounds, was taken down by several officers because he resisted arrest. The chock hold was initially applied in the take down but the officer released his choke hold and moved up to pin Garner’s head which is standard procedure when cuffing a criminal who is resisting.
- A person who is choking would NOT be able to speak the words, “Stop, I can’t breathe.” CPR trained people are trained to ask a person if they can speak to determine if a person is choking or if there is another source for their breathing problem. If they can speak, it is a non-choking problem.
- Garner suffered from heart disease, severe asthma, diabetes, obesity, and sleep apnea. There is no way the arresting officers could have known of his medical problems.
- Garner did NOT die at the arrest scene. An ambulance was called to attend to Garner after his arrest and transport him to a hospital. Garner died in the ambulance when he suffered a cardiac arrest. So he was in the care of a trained medical team when he died.
- Legally, a grand jury can only find an arresting officer criminally negligent if he knew there was a “substantial risk” that a person would have died due to the takedown using a chock hold. There was no way the arresting officers knew Garner’s medical history.
There are certain common facts involving both the Michael Brown and Eric Garner cases. Both were engaged in criminal activity and resisted arrest. Both were big men and not boys as the media likes to portray them. Michael Brown was 6’6” and Eric Garner was 6’3”. By resisting arrest, they created the situations which brought about their deaths.