dagblog - Comments for "Chokehold Cop-Felony Murderer? Cops standing by as well?"

But for the fortuity of the

jollyroger — Tue, 05 Aug 2014 02:15:31 +0000

In reply to Resisting? The poor soul was

But for the fortuity of the video, this would be disappearing along with the other thousand or so chokehold arrests that have been logged by the (utterly impotent, by design) NYC Police Civilian Review Board.

Of interest: Federal District Court Judge Sheila Sheindlin ordered as part of her review of the constitutional defects in stop and frisk that the police be equipped with video cameras.

The police, of course, object.

Their grounds? Who the fuck knows...how can they object to so salutary an intervention?

(sidenote--where dashboard cams have been introduced, they have often saved the cops from bogus complaints against them--which is to say, if you have nothing to hide, you have nothing to fear.)

Resisting? The poor soul was

Resistance — Tue, 05 Aug 2014 01:04:48 +0000

In reply to The wrinkle is that normally

Resisting? The poor soul was asthmatic.

The man was fearful and desperate, knowing the last inhale, would be his last; panic would set in and he would flail, doing everything he could to get another lifesaving breath, trying to get the jerk off of his back who was killing him..

During this severe asthmatic attack, he would be unable to speak out for help because there wouldn't be enough breath, to vocalize his distress; even without the choke hold.

Resisting? The poor guy was in survival mode.

Yes, there have been several

jollyroger — Mon, 04 Aug 2014 18:10:57 +0000

In reply to If the driver of the car can

Yes, there have been several driver liability cases that turned on this element of scienter.

As you say, the fact that the potentially accomplice cops were present and witnessing the illegal chokehold renders this a potentially far reaching case.

If the driver of the car can

Verified Atheist — Mon, 04 Aug 2014 12:01:39 +0000

In reply to Chokehold Cop-Felony Murderer? Cops standing by as well?

If the driver of the car can convince the jury that he thought his friends were just going into the 7-11 to buy some Slurpees, then I suspect he would not be convicted of felony murder. I suppose the distinction with the other officers is that they were present and could have acted to stop the choke-hold, but there is no evidence that they did.

The wrinkle is that normally

jollyroger — Mon, 04 Aug 2014 02:03:23 +0000

In reply to The PBA says he was

The wrinkle is that normally a claim that the murder victim was "resisting" (how many times do we see video of some guy in handcuffs with his head being stomped and the cop is saying "stop resisting!"?) but in this case, even if he WAS resisting the chokehold's illegality renders the cop's behavior criminal, and thus potentially foundational for a felony murder charge.

It will be interesting to see how this plays out--it would be nice if it doesn't have to end up with the pathetic "deprioving one of civil rights" substitute for a frank murder charge.

The PBA says he was

NCD — Mon, 04 Aug 2014 01:10:21 +0000

In reply to Chokehold Cop-Felony Murderer? Cops standing by as well?

The PBA says he was 'resisting arrest'...for selling cigarettes illegally...what's worse, murder or illegal cigarettes? The average cop these days must be assumed to have the training, the temperament and the malicious intent of a Medieval executioner.