Tags: Ferguson in Crisis | Fox News | Andrew Napolitano | Eric Garner | police | choke

Judge Napolitano: Should Have Been Charges in Chokehold Case

By    |   Wednesday, 03 Dec 2014 04:41 PM

The Eric Garner chokehold case was nothing like the Ferguson, Missouri, case and should have brought an indictment against the police officer involved, says Fox News legal analyst Judge Andrew Napolitano.

Moments after it was announced that there would be no indictment of New York City police officer Daniel Pantaleo, Napolitano told Fox's Shepard Smith that the officer should have been indicted, at least on a manslaughter charge.

"It's not first-degree murder, it's not second-degree murder, but it's certainly reckless manslaughter because of the excessive use of deadly force on a person who posed no serious or material threat to the police," Napolitano said.

Pantaleo is accused of using a chokehold in the arrest of Garner, who was selling untaxed cigarettes on the street in the borough of Staten Island.

The retired judge acknowledged he had not seen the evidence presented to the grand jury and was reacting only to a cellphone video shot of the arrest.

"Yes, he was resisting arrest, but he had no means to threaten the police, he had no deadly force in his hands. This is not a case like in Ferguson, where there was a struggle for the gun," he said.

Garner did not fight police, but at more than 350 pounds he was difficult for officers to take down when he refused to cooperate when they placed him under arrest. He can be heard on tape saying he couldn't breathe.

Fox News legal analyst Arthur Aidala said he had expected an indictment because Garner wasn't given prompt medical care. Though technically not a crime, Aidala said, it was "clear civil negligence" for police not to get care more quickly.

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The Eric Garner chokehold case was nothing like the Ferguson, Missouri, case and should have brought an indictment against the police officer involved, says Fox News legal analyst Judge Andrew Napolitano.
Andrew Napolitano, Eric Garner, police, choke
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2014-41-03
Wednesday, 03 Dec 2014 04:41 PM
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