So accidental homicide. No?
No. It isn't like the cops accidentally put him in a choke-hold.
Negligent Homicide I would go with.
Wouldn't that assume all choke holds cause death?
No, it means that the gathered cops had other means of restraint at their disposal. Clearly, the guy was not threatening anyone. He was simply refusing to be arrested.
And for the record.....if you can say, "I can't breath", that means you can breath. A choking victim cannot make any sound at all.
In My opinion,
the cop that choked him down to the ground, did so knowing full well that his actions could cause severe harm and that the hold was against department policy.
There is nothing 'accidental' about that.
Aren't you contradicting yourself? (Bolded)
In what way? They are two completely separate thoughts and the subject of each sentence is independent of the other.
A person who says they cannot breath obviously can breathe. Anyone who has had first aid knows that a choking person will not be able to make a sound on their own. The same applies if you are bring choked by someone else. If you are truely being choked, you won't be able to say that you can't breathe.
The other sentence deal directly with the motivation of the cop who was using the choke hold. He had ample time to assess the situation as they were talking to the perp and knowing full well that the choke hold is against policy, chose to use it anyway when he made a move to bring the guy down.
I don't see how they even relate to each other outside of the use of a choke hold.