Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What You Should Know About the Eric Garner Case
Explainer: What You Should Know About the Eric Garner Case
Aug 15, 2026 5:30 AM

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
Doubt and certainty about spiritual realities
This Live Science article, “How Children Learn About God and Science,” by Robert Roy Britt, summarizes a new survey of scientific studies about the way children learn. It seems that an interesting conclusion has surfaced from these studies: “Among things they can’t see, from germs to God, children seem to be more confident in the information they get about invisible scientific objects than about things in the spiritual realm.” There’s no conclusive explanation for why this is the case, but...
Who will protect Kosovo’s Christians?
Seven years after the United Nations assumed control of the Serb province of Kosovo, talks are underway about its future. Orthodox Church leaders for the minority Serb population, which has been subject to attacks for years by Muslim extremists, are hoping to forestall mounting pressure to establish an independent state. Is the Church headed for extinction in Kosovo? Read mentary here. ...
Toward “peaceful coexistence” in India
I blogged last week on the ongoing dispute between China and the Vatican. Another demographic giant with tremendous economic potential—and some religious freedom issues—is India. ZENIT reports on Pope Benedict’s address to the new Indian ambassador to the Holy See (May 18 daily dispatch). The pope took the opportunity to make a ment on the subject: The disturbing signs of religious intolerance which have troubled some regions of the nation, including the reprehensible attempt to legislate clearly discriminatory restrictions on...
Acton Lecture Series: economic lessons from the parables
Earlier today, Rev. Robert A. Sirico delivered an address as a part of the 2006 Lord Acton Lecture Series entitled “The Eye of the Needle: Economic Lessons from the Parables.” For those who were unable to attend the lecture personally, we are pleased to be able to provide the audio of today’s event in downloadable form – just click here (10 mb mp3 file). ...
What makes a good priest?
Pope Benedict XVI arrived in Warsaw this morning, the start of his four-day pilgrimage in intensely Catholic Poland and the home of his predecessor, John Paul II. After his ing remarks at the airport, the pope traveled to the Cathedral of St. John the Baptist where he gave a splendid address on the meaning of the priesthood. The entire text is worth reading but here’s an excerpt: The faithful expect only one thing from priests: that they be specialists in...
The wisdom of Woz
Steve Wozniak, famed inventor of Apple I, Apple II, and the original Apple software, has a new ing out. Here is a snippet from a Businessweek interview where he gives a nice, Actony take on creativity and education. Are there larger lessons that you have drawn about creativity and innovation? That schools close us off from creative development. They do it because education has to be provided to everyone, and that means that government has to provide it, and that’s...
Taking stock of the Bush presidency
Rev. Robert A. Sirico joined host Sean Herriott for an interview on Relevant Radio’s Morning Air this morning. They discussed the current state of the Bush Presidency, the President’s view of moral absolutes, and the relationship between religion and politics in America. You can listen to the interview by clicking here (4.5 mb mp3 file). ...
‘The school’ – attack on Beslan
New York Times reporter C.J. Chivers has a lengthy — and chilling — narrative on the terrorist attack on Beslan, Russia, that began on September 1, 2004. Chechen separatists took over School Number One, filled with children and parents on the first day of the academic year, and wired the place with bombs. A rescue attempt by Russian security forces three days later turned into a pitched battle and when it was over, 331 people were dead — including 186...
Outsourcing education
A couple years ago I wrote mentary that didn’t exactly defend outsourcing, but did recognize its benefits and argued that it could be done morally if done correctly. I won’t pretend that my writing is read widely enough to generate voluminous responses of any sort, but that piece did elicit a significant number of responses, many of them negative. Several correspondents, who had no personal connection to me, ostensibly knew a great deal about me, including my salary and the...
Playing the Kyoto card
The researchers report that “latent heat loss from the tropical Atlantic and Caribbean was less in late spring and early summer 2005 than preceding years due to anomalously weak trade winds associated with weaker sea level pressure,” which “resulted in anomalously high sea surface temperatures” that “contributed to earlier and more intense hurricanes in 2005.” However, they go on to note that “these conditions in the Atlantic and Caribbean during 2004 and 2005 were not unprecedented and were equally favorable...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved