It should be a high bar to indict a police officer for harm caused to a suspect that resists arrest given the reasonable man under the circumstances standard that obtains at Common Law to NYC cops on Staten Island and across the Fruited Plain.
It appears that Eric Garner was briefly choked by Officer Daniel Pantaleo while resisting arrest but that his poor health was primarily responsible for his death later on that day.
Cops get killed during split-second arrest resistance when the suspect pulls a concealed weapon. Many of such cop killers were wanted for serious crimes but were only being stopped for minor traffic and other offenses, such as the misdemeanor cigarette sale that Garner was suspected of.
We think NYC should revisit their Nanny State taxes and end “strike forces” against same.
Lesson: When cops stop you, STOP!
The police are in a life threatening situation when a person resists arrest and we can’t have police hesitating in their work for fear that they will be judged later as it they were in a fight between equals. The negligence standard of the reasonable man under the circumstances allows for jurors to consider the circumstance of the police. Once a suspect uses violence it is prudent to protect oneself aggressively.