I stayed mostly silent on the Ferguson matter, which was murky because of the forensic evidence and the divergent accounts from witnesses. But this Eric Garner situation looks unambiguous to me. I’m happy to stand corrected (Prov. 18:17), but I can discern no reason whatsoever why an NYPD officer who put a man in a chokehold–in violation of NYPD protocol–and resulting in the man losing his life–should not be indicted on manslaughter charges. An indictment is not a conviction. It just creates the context in which a trial can go forward and/or a plea can be submitted.
Sean Davis makes the case:
New York’s statutes on manslaughter are pretty unequivocal. Just going on the plain language of the law, the police officer who killed Garner certainly appears to be guilty of second-degree manslaughter at the very least:
§ 125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female an abortional act which causes her death,
unless such abortional act is justifiable pursuant to subdivision three
of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.The second-degree manslaughter charge requires only two factors: 1) the person charged must have caused the death of the victim, and 2) the perpetrator must have caused the death of the victim via reckless means.
What’s so inexplicable is that Garner posed no threat to anyone. His crime? Illegally selling cigarettes on a street corner. Can it really be that in 2014 we have no way to restrain someone without threatening their life?
If you have the stomach for it, watch the video for yourself. Dr. Moore’s analysis is spot-on.