Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What You Should Know About the Eric Garner Case
Explainer: What You Should Know About the Eric Garner Case
Feb 28, 2026 2:34 PM

A New York grand jury refused to indict a police officer in the death of a 43-year-old man that wascaught on video. Here are some details about the controversial case:

What was the incident that causedGarner’s death?

On July 17, 2014, two New York City police officers, Justin Damico and Daniel Pantaleo, attempted to arrest EricGarner. WhenGarnerresisted, Pantaleo grabbed him around the neck and tackled him to the ground. As Damico and three other officers assisted in pinning him to the sidewalk,Garnerrepeated nine times that he couldn’t breath.Garnerwas 6’3”, 350-pounds, and had a history of medical problems, including asthma.

AlthoughGarnerwas in obvious respiratory distress, none of the officers or the EMT personnel who arrived on the scene performed CPR. He died of cardiac arrest a few minutes later while on the way to the hospital.

Why wasGarnerbeing arrested?

Police say they observedGarnerselling untaxed cigarettes,though his family saidhe didn’t have any of the contraband on him or in his car at the time of his death.Garnerhad a criminal record thatincluded more than 30 arrestsfor charges such as assault, resisting arrest, and grand larceny. He was currently out on bail for several misdemeanor charges, including possession or sale of untaxed cigarettes.

What was the cause of death?

The city’s medical examiner’s office saidGarner’s death was caused by pression of neck pression of chest and prone positioning during physical restraint by police.” The report also said factors contributing to his death included asthma and heart disease. The report concluded the death was a homicide (i.e., the killing of one human being by another human being).

Who was the officer that was accused of killingGarner?

Daniel Pantaleois an eight-year NYPD veteran and plainclothes patrolman. Two years ago, he was accused of strip-searching two men in public following a traffic stop and having “slapped” and “tapped” their testicles. Civilian Complaint Review Board deemed the allegation to be unsubstantiated.

After the grand jury decision, Pantaleoissued a statementsaying it was “never my intention to harm anyone.”

“I feel very bad about the death of Mr.Garner,” he said. “My family and I include him and his family in our prayers and I hope that they will accept my personal condolences for their loss.”

Pantaleo is currently on modified duty performing crime analysis. He is still being investigated by the Internal Affairs Bureau, which is looking into his possible use of excessive force and maydecide to charge him departmentally.

What type of investigation was conducted?

Independent investigations spanning four months were conducted by the NYPD’s Internal Affairs Bureau, the NYC Medical Examiner, and the Richmond County District Attorney’s Office (which included eight assistant district attorneys and several detective investigators). More than38 interviews were conducted, and 22 civilian witnesses reportedto have seen some part of the interactionGarnerand the police.

Aspecial investigative grand prised of 23 members was impanelled specifically for this incident and was dedicated solely to hearing the evidence in this case. All members attended every session from September 20 to December 3. The grand jury heard from all witnesses, examined forensic evidence, and considered all video and photographic evidence. To charge Pantaleo with a crime and send the case to trial, 12 of the jury members would have had to vote that there is legally sufficient evidence and reasonable cause to believe the accused mitted a crime. (For more on how grand juries work, seehere.)

For what crime was OfficerPantaleo charged?

Because of the secrecy rules of the grand jury, the specific crime that Pantaleo was being charged with has not been revealed. However, law experts said the grand jury was likely considering charges that included manslaughter, criminally negligent homicide, and reckless endangerment.

Why were no other officers charged?

Other officers seen on the video restrainingGarneron the ground weregiven immunity in return for their testimony.

Will we get to learn specific details about what the grand jury considered, as in the Michael Brown case?

Maybe. Unlike in some other states, New York law does not allow a district attorney to disclose such information. However, the district attorney has filed a petition with the court to publicly release specific information in connection with the grand jury investigation.

What is a “chokehold”?

A “chokehold” is a general term for a type of grappling hold that critically reduces or prevents either air (choking) or blood (strangling) from passing through the neck of an opponent. Chokeholds are against NYPD policy but they arenot currently illegal under any criminal statute.

Adding to both the confusion and the controversy was the difficulty in determining whether Pantaleo used a chokehold or a “submission hold” (such as a headlock). Submission holds areneither illegal nor forbidden by police policy. News reports claim that police frequently use such grappling moves to subdue resistant suspects. The autopsy did not help clear up the confusion since it showed that neither the windpipe nor neck bones were damaged in the encounter. (An “airchoke” would have likely caused damage to the windpipe, while a “blood choke” could have triggered circulatory problems without causing visible damage to the neck.)

What happens now?

The U.S. justice department islaunching a civil rights investigationinto the death ofGarner. Attorney General Eric Holder announced “an independent, thorough, fair and expeditious” investigation into potential civil rights violations in the case. He also said the Department of Justice would conduct a plete review” of material gathered in the local investigation.

Garner’s family hasfiled a notice of claimto sue the city, its police department, and six of the officers involved for $75 million.

Other posts in this series:

Human Trafficking and Global Efforts to Abolish Slavery• Grand Juries•Who are the Recent Nobel Peace Prize Winners? •What’s Going on with Hong Kong’s ‘Umbrella Revolution’? •Ebola Crisis •Scottish Independence• Obamacare Subsidies Ruling • Border Crisis•What’s Going on in Iraq?•EPA’s Proposed New Climate Rule•VA Scandal•What is Going on in Vietnam?•Boko Haram and the Kidnapped Christian Girls•The Supreme Court’s Ruling on Government Prayer•Earth Day?•Holy Week?•What’s Going On in Crimea?•What Just Happened with Russia and Ukraine?•What’s Going on in Ukraine•Jobs Report•The Hobby Lobby Amicus Briefs•Common Core?•What’s Going on in Syria?•What’s Going on in Egypt?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Seeing the trees, missing the forest
The United Nations has released a report on the ongoing upheavals in Zimbabwe, where tyrant Robert Mugabe has been punishing his political opponents under the guise of “cleaning up” the country’s cities. The effect of Operation Murambatsvina (meaning either “Operation Restore Order” or “Operation Drive Out Trash,” depending on who’s translation you believe) has been to leave some 700,000 people homeless, jobless, or both. A downloadable copy of the UN report is available here. While the report does illuminate the...
Close call on CAFTA
Close at Home The House of Representatives voted early this morning (12:03 am) to approve the Central American Free Trade Agreement (CAFTA) after weeks of intense lobbying on both sides. The final vote was a close 217-215. My predictions: somehow, any dip in employment (if there is one) in the next six months will somehow be linked to CAFTA by its detractors. Detractors will attempt to take the moral high ground in American politics in ’06 and ’08, and even...
Great debate
Foreign Policy hosts this exchange on environmental issues and economics. Carl Pope, executive director of the Sierra Club, gets the first word and Bjørn Lomborg, adjunct professor at the Copenhagen Business School, gets the last word. ...
Labor unions and free association
The Service Employees International Union and the International Brotherhood of Teamsters have broken away from the plaining that the federation has focused too much on political activism in the face of declining union membership and influence. Dr. Charles Baird was a featured guest on yesterday’s edition of Kresta in the Afternoon on Ave Maria Radio, discussing Catholic perspectives on unionism and whether the modern American labor union movement patible with church teachings. Dr. Baird is Chair of the Department of...
ExTORTion
S. T. Karnick over at The Reform ments on a recent suit filed against DuPont over Teflon, claiming that “DuPont lied in a massive attempt to continue selling their product.” Karnick observes that abuse of the tort system is rampant, in part because “it has been perverted into a proxy for the criminal justice system: a means of punishing supposed wrongdoers through the use of a weaker standard of proof—preponderance of the evidence instead of proof beyond a reasonable doubt.”...
The hermeneutical spiral
Mr. Phelps takes issue with my characterization of Stanley Fish’s position as amounting “to a philosophical denial of realism.” Let me first digress a bit and place ment within the larger context of my post. My identification of a position that “words and texts have no meaning in themselves” is really just an aside within the larger and more important question about what measure of authority authorial intent has in the interpretation of documents, specifically public documents like the Constitution....
Animal cruelty?
I’m not quite sure what to make of this local story: “Four people are charged for their alleged involvement in killing two bald eagles.” The details of the alleged crimes are as follows: “Prosecutors say two teenagers shot the eagles in the Muskegon State Game Area with a .22 caliber rifle in April 2004 and then chopped them up with a hatchet.” Since the bald eagle, one of the nation’s revered symbols, is an endangered animal, it is protected by...
CAFTA/Culture of Life: enemies?
John Paul II gave us all a tremendous gift by endorsing the terms Culture of Life and Culture of Death. But as with all great gifts, we must guard these terms carefully so as not to wear them out with misuse, robbing them of their relevance. Unfortunately, this is precisely what is happening in the current debate over CAFTA. A group called Catholics for Faithful Citizenship (PDF) claims the following: “Clearly, supporting CAFTA is inconsistent with upholding a culture of...
SCOTU$
Slate features an article by Henry Blodget, a former securities analyst, which examines the investments of Supreme Court nominee John G. Roberts. In an analysis that has more than you would ever need to know about a person’s finances (and perhaps reads a bit too much into the investments), Blodget writes of Roberts, “His fortune is self-made, which suggests a bias toward self-reliance rather than entitlements and subsidies.” That sounds promising. HT: Fast Company Now ...
You catch more bees with honey
Following months of Zimbabwe’s brutal “Drive Out Trash” campaign, pleasantries exchanged between Mugabe and a UN delegation may have made some headway. The UN report on the situation, according to Claudia Rosett, began “with a delicacy over-zealously inappropriate in itself to dealings with the tyrant whose regime has been responsible for wreck of Zimbabwe” by describing Mugabe’s reception of the UN officials with a “warm e.” Despite the ings of the UN report with respect to policy solutions (more aid!),...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved