Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What You Should Know About the Eric Garner Case
Explainer: What You Should Know About the Eric Garner Case
Mar 3, 2026 4:57 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
Video: Kishore Jayabalan on the Changing Face of the Roman Catholic Church
Pope Francis recently installed 19 new cardinals in a ceremony at the Vatican, the first that he has chosen in his pontificate. Most of the new Cardinals hail from outside Europe and North America, and the group includes the first Cardinal from the long-impoverished nation of Haiti. Kishore Jayabalan, Director of Istituto Acton in Rome, spoke with the BBC about what this new group of Cardinals means for the Roman Catholic Church, and how they reflect the changing face of...
Apple’s Tim Cook: Profits Aren’t The Only Thing
From The Independent: He leads pany that some would consider the epitome of ruthless global capitalism. But Apple chief executive Tim Cook has shocked some in the US with an impassioned attack on the single-minded pursuit of profit – and a direct appeal to climate-change deniers not to buy shares in his firm. Eyewitnesses said Cook, who succeeded Steve Jobs as boss of the technology giant in 2011, was visibly angry as he took on a group of right-wing investors...
Acton On Tap: The Threat to Religious Liberty With Ray Nothstine
James Madison called religious liberty the “lustre of our country” and a guaranteed right that is free from political authority. But some politicians are trying to redefine religious freedom in America, preferring instead to call it “freedom of worship.” The implication is that you are free to say and believe what you want as long as it is confined inside the walls of the houses of worship. But how faithful is this to the First Amendment? Only a decade ago...
What is Innovation?
“Most CEOs now spray the word ‘innovation’ as if it were an air freshener,” says Dennis Berman in the Wall Street Journal, “A little spritz can’t hurt.” A prime example, notes Berman, is what Kellogg’s CEO John Bryant described as one of pany’s most important “innovations”: a peanut butter Pop-Tart. Most of us would probably agree that a new flavor of breakfast pastry isn’t as innovative as, say, the iPhone. But how do we know? What exactly is innovation? As...
Religious Liberty and Business as Culture-Making
Offering yetanother contribution to a series of recentdiscussions about the religious liberties of bakers, florists, and photographers, Jonathan Merritt has a piece atThe Atlantic warning that the type of protections Christians were fighting for in Arizona e back to hurt the faithful.” “These prophets of doom only acknowledge one side of the slope,” Merritt writes. “They fail to consider how these laws could be used against members of their munities. If you are able to discriminate against others on the...
How IKEA and Innovation Help Refugees in Iraq
When looking for solutions to humanity’s problems, conservatives and libertarians tend to prefer turning first to free markets rather than government. The reason for such a preference is often misunderstood, and can be difficult to explain since it appears paradoxical: free markets are often better at serving human needs than governments because free markets make it easier to fail. As Arnold Kling explains, the best way to deal with failure depends on the institution. An individual needs to fail with...
The Bigger The Government, The Smaller The Citizen
Dennis Prager at Prager University reminds us that big government makes everything else (goodness, charity, self-reliance) smaller. Big government also creates a sense of entitlement amongst citizens, creating ingratitude and resentment – hardly what one wants in society. ...
War On Poverty: The Report Is In
The House Budget Committee has issued its report on The War on Poverty, 50 Years Later. It’s 204 pages long, so feel free to dig in. However, I’ll just hit some of the highlights. Lyndon B. Johnson’s War on Poverty has created 92 government programs, currently costing us about $800 billion. mittee’s take on this is summed up as: But rather than provide a roadmap out of poverty, Washington has created plex web of programs that are often difficult to...
The Power of Giving from an Eight Year Old Boy
The story of Myles Eckert giving a $20 bill to Lt. Col. Frank Dailey is deserving of the massive amount of attention it has received across the nation. Eckert’s powerful deed has been highlighted and shared frequently all over social media. One of the great qualities I love about many of the old Frank Capra films is how he appealed to the moral conscience of his audience with authenticity and the power of giving. The hero character in Capra films...
Acton Institute Names Lawyer and Economist Oskari Juurikkala the 2014 Novak Award Winner
Today the Acton Institute announced the 2014 Novak Award winner. Full release follows: A rigorous researcher and sound contributor to various academic disciplines and initiatives, Finnish native Oskari Juurikkala has been selected as the recipient of the 2014 Novak Award by the Acton Institute in recognition of his early promise as a scholar. Educated in both law (London School of Economics) and economics (Helsinki School of Economics), he earned a joint Ph.D. in law and economics from the University of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved