Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What You Should Know About the Eric Garner Case
Explainer: What You Should Know About the Eric Garner Case
Jan 27, 2026 5:23 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
The FAQs: What is the Fiscal Cliff?
What is the “fiscal cliff”? The term “fiscal cliff”, which is believed to have originated in Congressional testimony by Federal Reserve Chairman Ben Bernanke, refers to the substantial changes to tax and spending policies that are scheduled to automatically take effect in January 2013. The changes are intended to significantly reduce the federal budget deficit. What are the tax and spending policies that will change? Several major tax provisions are set to expire at year’s end: The 2001/2003 Bush tax...
Cardinal O’Brien on Religious Liberty
Cardinal Edwin F. O’Brien, Grand Master of the Knights of the Holy Sepulcher, talks about the need for vigilance in defending religious liberty around the world. ...
PBS to Air ‘First Freedom: The Fight for Religious Liberty’
Groberg Films has produced “First Freedom: the Fight for Religious Liberty”, which will be airing on local PBS stations during the month of December. The film is described as portraying the “radical” break America’s Founding Fathers made from religion-by-law to a society that depended upon the morality of its citizenry. Noting that this was a “fundamental shift in human history”, the film seeks to portray the establishment of freedom of religion as a fundamental human right. A preview of the...
Commentary: Government Subsidies Not So Sweet for Health
How can we trust a government to tell us what’s best for our healthcare when it’s subsidizing a corn industry that produces a food additive researchers believe may be tied to rising levels of obesity and disease? Anthony Bradley looks at a new study that raises moral questions about the consequences of the corn subsidy.The full text of his essay follows. Subscribe to the free, weekly Acton News & Commentary and other publicationshere. Government Subsidies Not So Sweet for Health...
Integrating Evangelism and Social Action Across Culture
In the recent issue of Reject Apathy, an off-shoot publication of RELEVANT Magazine, Tim Hoiland explores what he believes to be a tension between “serving justice” and “saving souls”: This [young] generation’s passion for justice is, without doubt, something to celebrate. It’s a breathtaking sign that the Spirit is at work, leading young men and women into lives marked by the reigning belief that all of life matters to God, not just the parts we might call “spiritual.” But in...
Obama Administration’s Misjudgement of the Nation’s Conscience
Currently, there are forty cases against the Obamacare HHS mandate. The Affordable Care Act of 2010 requires employers to provide, as employee health care, “preventative services” such as abortion and sterilization. John Daniel Davidson, in First Things, says that the president and his administration have grossly misjudged this entire situation. In Davidson’s view, the administration “in their conceit” seemed to think that millions of Americans would simply put aside their deeply held religious and moral convictions and play along with...
Video: Sirico on Ayn Rand’s ‘false gospel’
Acton President Rev. Robert A. Sirico appeared in a a video interview released yesterday by Catholic News Service, following a press conference in Rome last week held to introduce his new book “Defending the Free Market: The Moral Case for the Free Economy” to the local media. CNS Rome bureau chief Frank Rocca interviewed Siricoregarding his own moral defense of market economics and asked his opinion of the libertarian novelist and intellectual Ayn Rand, whose philosophy of objectivism and rational-self...
Michael Miller in Legatus Magazine: ‘Community, liberty and freedom’
Acton’s Director of Media, Michael Matheson Miller, discusses the current state of American thought on state, Church, family and liberty in Legatus Magazine. He focuses on the work of two Frenchmen: Alexis de Tocqueville and Jean Jacques Rousseau. Many of the differences can be boiled down to what we mean munity. Rousseau’s vision munity is what the sociologist Robert Nisbet called the munity.” For Rousseau, the two main elements of society are the individual and the state. All other groups...
The Catholicity of Subsidiarity
Earlier this week we noted that Patrick Brennan posted a paper, “Subsidiarity in the Tradition of Catholic Social Doctrine,” which unpacks some of the recent background and implications for the use of the principle in Catholic social thought. As Brennan observes, “Although present in germ from the first Christian century, Catholic social thought began to emerge as a unified body of doctrine in the nineteenth century….” Brennan goes on to highlight the particularly Thomistic roots of the doctrine of subsidiarity,...
Subsidiarity in the Tradition of Catholic Social Doctrine
Patrick McKinley Brennan, a professor at Villanova University School of Law, has a new paper that considers the place subsidiarity in the tradition of Catholic Social Doctrine: Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle according to which mon good is to be achieved through a plurality of social forms....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved