This story in New York makes my blood boil

[Nutz]

Criminal court first, then civil court.

Whether or not a criminal charge is lodged depends on the DA -- who is always partial to the police. The PD probably will claim the officer's acted in accordance with Procedure and the DA will be satisfied with that. This is why relatively petty examples of police misconduct or brutality are usually ignored. Plaintiffs in such examples can't afford an experienced lawyer, or any lawyer, and even if a suit is filed it goes nowhere. This example, however, has legs. There is video evidence and there is a prodedural violation. The lawyers are lining up.

Regardless of what the DA does the family's lawyer will bring suit in civil court. If the DA initially fails to prosecute, the outcome of the trial could produce evidence that would force the DA to prefer criminal charges. But I expect a generous settlement will be awarded in this example and no pressure will be brought to bear on the DA.

Time will tell.

Yeah...but the civil trial cannot move forward until the criminal trial is complete. Just semantics...we pretty much agree that this family will never worry about money again.

 

[MikeK]

I just heard something relevant to this case on MSNBC. "A police officer is accused of using a choke hold on a subject who later died in police custody." This says the choke-hold didn't kill him. If this fellow has a bad heart, which is very likely, and he resisted arrest, thereby making physical force necessary, he caused his own death.

While this is not a game changer it does impart some level of wiggle-room. And, believe me, the City's lawyers will make good use of it.

Time will tell.

 

[MikeK]

Criminal court first, then civil court.

Whether or not a criminal charge is lodged depends on the DA -- who is always partial to the police. The PD probably will claim the officer's acted in accordance with Procedure and the DA will be satisfied with that. This is why relatively petty examples of police misconduct or brutality are usually ignored. Plaintiffs in such examples can't afford an experienced lawyer, or any lawyer, and even if a suit is filed it goes nowhere. This example, however, has legs. There is video evidence and there is a prodedural violation. The lawyers are lining up.

Regardless of what the DA does the family's lawyer will bring suit in civil court. If the DA initially fails to prosecute, the outcome of the trial could produce evidence that would force the DA to prefer criminal charges. But I expect a generous settlement will be awarded in this example and no pressure will be brought to bear on the DA.

Time will tell.

Yeah...but the civil trial cannot move forward until the criminal trial is complete. Just semantics...we pretty much agree that this family will never worry about money again.

What makes you so sure there will be a criminal trial for this cop? Who has brought charges? I'm sure IAB hasn't completed its investigation yet.

 

[MikeK]

I will not condemn all police officers for the inept handling of this arrest.

The choke hold in this case was utter BS. Their are many types of take downs that in no way risk the life of the man being taken. Hell we learned the do's and don'ts of take downs in Shore Patrol Training in the Navy.

The family will win any lawsuit here................And this is tragic...........The officer should be held accountable for his actions.

But do not condemn them all for it.

Actually, I did not see what any experienced wrestler would call a choke-hold. What I saw was an arm wrapped around the man's neck area, which alone does not constitute a choke-hold. Because that alone does not fully constrict breathing. It simply enables leverage to pull a subject backward.

A choke-hold is applied fully under the chin and the user's forearm and bicep are forcibly applied to compress the trachea. I didn't see that.

Did you?

If a settlement isn't paid, this will be an interesting trial.

 

[eagle1462010]

I will not condemn all police officers for the inept handling of this arrest.

The choke hold in this case was utter BS. Their are many types of take downs that in no way risk the life of the man being taken. Hell we learned the do's and don'ts of take downs in Shore Patrol Training in the Navy.

The family will win any lawsuit here................And this is tragic...........The officer should be held accountable for his actions.

But do not condemn them all for it.

Actually, I did not see what any experienced wrestler would call a choke-hold. What I saw was an arm wrapped around the man's neck area, which alone does not constitute a choke-hold. Because that alone does not fully constrict breathing. It simply enables leverage to pull a subject backward.

A choke-hold is applied fully under the chin and the user's forearm and bicep are forcibly applied to compress the trachea. I didn't see that.

Did you?

If a settlement isn't paid, this will be an interesting trial.

I saw the arm firmly around the neck with some pressure behind it. The Medical Examiner's report should show whether the choke hold or a medical condition caused the death.

Either way, he was alive and well before the take down.

I also never seen them just state arms against the Wall and your under arrest. They just took him down.........I didn't see any significant struggle against them.

 

[eagle1462010]

I just watched the choke hold twice. He grabbed the arm with the other hand during the take down, and still had the choke hold as they fell to the ground.

It's possible that as the man fell to the ground much more force was applied to the neck causing the death.

 

[eagle1462010]

[ame=http://www.youtube.com/watch?v=Bd9Ny2EDHrI]Brother Nearly Kills Brother ! , or "Why You Should Tap Out In Jiu Jitsu - YouTube[/ame]

 

[Nutz]

Whether or not a criminal charge is lodged depends on the DA -- who is always partial to the police. The PD probably will claim the officer's acted in accordance with Procedure and the DA will be satisfied with that. This is why relatively petty examples of police misconduct or brutality are usually ignored. Plaintiffs in such examples can't afford an experienced lawyer, or any lawyer, and even if a suit is filed it goes nowhere. This example, however, has legs. There is video evidence and there is a prodedural violation. The lawyers are lining up.

Regardless of what the DA does the family's lawyer will bring suit in civil court. If the DA initially fails to prosecute, the outcome of the trial could produce evidence that would force the DA to prefer criminal charges. But I expect a generous settlement will be awarded in this example and no pressure will be brought to bear on the DA.

Time will tell.

Yeah...but the civil trial cannot move forward until the criminal trial is complete. Just semantics...we pretty much agree that this family will never worry about money again.

What makes you so sure there will be a criminal trial for this cop? Who has brought charges? I'm sure IAB hasn't completed its investigation yet.

You are right...it is quite possible no charges will be filed and the officer will be cleared...then all hell will break loose and we get more race nonsense. As it is right now...I side with the cops. It was an awful accident...and I don't think he died because he was choked to death...

 

[fbj]

I just heard something relevant to this case on MSNBC. "A police officer is accused of using a choke hold on a subject who later died in police custody." This says the choke-hold didn't kill him. If this fellow has a bad heart, which is very likely, and he resisted arrest, thereby making physical force necessary, he caused his own death.

While this is not a game changer it does impart some level of wiggle-room. And, believe me, the City's lawyers will make good use of it.

Time will tell.

you must be blind

 

[Nutz]

I will not condemn all police officers for the inept handling of this arrest.

The choke hold in this case was utter BS. Their are many types of take downs that in no way risk the life of the man being taken. Hell we learned the do's and don'ts of take downs in Shore Patrol Training in the Navy.

The family will win any lawsuit here................And this is tragic...........The officer should be held accountable for his actions.

But do not condemn them all for it.

Actually, I did not see what any experienced wrestler would call a choke-hold. What I saw was an arm wrapped around the man's neck area, which alone does not constitute a choke-hold. Because that alone does not fully constrict breathing. It simply enables leverage to pull a subject backward.

A choke-hold is applied fully under the chin and the user's forearm and bicep are forcibly applied to compress the trachea. I didn't see that.

Did you?

If a settlement isn't paid, this will be an interesting trial.

Yep, could have been a chin lock. Has there been an autopsy yet?

The only argument I would make is that the cops have an arsenal of tools to handle the situation including pepper spray and stun guns. At the very least, in situations like this, the officer should loose his job. It is the officers job to ensure safety with the tools at hand. They are trained to do this correctly, an obviously, they did not.

 

[fbj]

Yeah...but the civil trial cannot move forward until the criminal trial is complete. Just semantics...we pretty much agree that this family will never worry about money again.

What makes you so sure there will be a criminal trial for this cop? Who has brought charges? I'm sure IAB hasn't completed its investigation yet.

You are right...it is quite possible no charges will be filed and the officer will be cleared...then all hell will break loose and we get more race nonsense. As it is right now...I side with the cops. It was an awful accident...and I don't think he died because he was choked to death...

which is why it is so easy to side with the criminals when cops get shot

 

[skookerasbil]

total crap........one issue where all USMB members should be able to concur. The police shit is getting out of the fuck control.

 

[MikeK]

I just heard something relevant to this case on MSNBC. "A police officer is accused of using a choke hold on a subject who later died in police custody." This says the choke-hold didn't kill him. If this fellow has a bad heart, which is very likely, and he resisted arrest, thereby making physical force necessary, he caused his own death.

While this is not a game changer it does impart some level of wiggle-room. And, believe me, the City's lawyers will make good use of it.

Time will tell.

you must be blind

No. I'm not blind. But have you done any sport wrestling?

 

[fbj]

I just heard something relevant to this case on MSNBC. "A police officer is accused of using a choke hold on a subject who later died in police custody." This says the choke-hold didn't kill him. If this fellow has a bad heart, which is very likely, and he resisted arrest, thereby making physical force necessary, he caused his own death.

While this is not a game changer it does impart some level of wiggle-room. And, believe me, the City's lawyers will make good use of it.

Time will tell.

you must be blind

No. I'm not blind. But have you done any sport wrestling?

No and Why?

 

[Tank]

If he wouldn't have resisted, he would still be alive and he's the only one who knew he had health problems

 

[fbj]

If he wouldn't have resisted, he would still be alive and he's the only one who knew he had health problems

That does not take attention away from the fact that he died

 

[Tank]

If he wouldn't have resisted, he would still be alive and he's the only one who knew he had health problems

That does not take attention away from the fact that he died

If he would have done as the cops said, he would be alive

 

[MikeK]

you must be blind

No. I'm not blind. But have you done any sport wrestling?

No and Why?

Because if you did you would know that an arm around the neck does not necessarily impart a choking effect.

If you watch UFC cage fights you frequently will see attempts at applying a "rear naked choke" (choke-hold) which cuts off both air to the lungs and blood to the brain, causing unconsciousness. (If applied too long it will cause death.) You also will see that nine out of ten attempts to effect a choke-hold fail because of incomplete positioning.

Take my word it isn't as easy as it looks.

 

[fbj]

Looks like the media likes to brainwash the viewing public about the incident


News report came out and said the cause of death was related to diabetes and asthma

 

[Tank]

Acting stupid was the cause of death