NYC police investigating chokehold case

WATCH ABOVE: Amateur video captured of the incident back in July.
(Warning: graphic content)

NEW YORK – A closed-door viewing this week of an amateur video that captured an arrest gone wrong marked the start of the New York Police Department’s internal affairs probe to determine whether a white police officer and several others will be disciplined in July’s chokehold death of a black man accused of selling untaxed cigarettes.

The internal inquiry was on hold pending the outcome of a grand jury investigation into whether Officer Daniel Pantaleo should face criminal charges in the death of Eric Garner.

Two days after the grand jury decided not to indict Pantaleo, police investigators started their work. Except for Pantaleo, any officer who testified in the grand jury was given immunity from criminal prosecution.

The decision not to indict the officer sparked protests nationwide, coming on the heels of another grand jury decision not to indict the white police officer who shot and killed unarmed black 18-year-old Michael Brown in Ferguson, Missouri.

The NYPD investigation could result in departmental charges such as excessive force or abuse of authority. Such charges could bring public trials, and if the officers are found guilty, they face a range of potential penalties – from reprimands and loss of vacation days to forced retirement or dismissal.

Police Commissioner William Bratton has said the NYPD investigation could be concluded within a few months – well ahead of any decision by federal prosecutors on whether to bring a civil rights case. And he has made clear he has the last word on any officer discipline.

Supporters of Garner’s family and others have questioned whether due process – both for the family and the officers – is possible in a case that has ignited nationwide tensions and accusations by NYPD officers and union officials that Pantaleo is being railroaded.

The video shot by a bystander shows Pantaleo and his partner, Justin D’Amico, in plain clothes trying to arrest Garner. After the 158-kilogram Garner refuses to be handcuffed, Pantaleo wraps his arm around Garner’s neck and starts to pull him down as others pile on and force him to the ground.

At least six other officers appear on tape amid the ruckus, including Sgt. Dhanan Saminath, the supervising officer. Also shown are another sergeant, two patrolmen in uniform and two other officers. At least one officer is black. Some play active roles in the takedown, others direct foot traffic and stand by.

Garner can be heard repeatedly saying, “I can’t breathe,” before he goes limp. The medical examiner later found that a chokehold – along with Garner’s poor health – resulted in his death.

The police patrol guide explicitly bars officers from putting “any pressure on the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.” It further warns officers that they are required to “intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability.”

Pantaleo claims that he used a takedown manoeuvr called a “seat belt” taught at the police academy – not a chokehold – to try to subdue Garner because he was resisting arrest, according to attorney Stuart London.

There was no response to a phone message left for D’Amico’s attorney. Sergeant’s Benevolent Association head Ed Mullins has said the sergeants did nothing wrong.