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Title: Racist Cops—or Liberal Slander?
Source: VDare
URL Source: http://www.vdare.com/articles/racist-cops-or-liberal-slander
Published: Dec 4, 2014
Author: Pat Buchanan
Post Date: 2014-12-05 11:12:52 by nativist nationalist
Keywords: None
Views: 19867
Comments: 78

We have found the new normal in America.

If you are truly outraged by some action of police, prosecutors, grand juries, or courts, you can shut down the heart of a great city.

Thursday night, thousands of “protesters” disrupted the annual Christmas tree lighting at Rockefeller Center, conducted a “lie-in” in Grand Central, blocked Times Square, and shut down the West Side Highway that scores of thousands of New Yorkers use to get home.

That the rights of hundreds of thousands of visitors and New Yorkers were trampled upon by these self-righteous protesters did not prevent their being gushed over by TV commentators.

Watching cable, I saw one anguished man cry out from a blocked car that he was trying to get his sick dog to the vet. But his rights were inferior to the rights of protesters to block traffic, chant slogans and vent their moral outrage to TV cameras.

From New York to Washington to Oakland, crowds acted in solidarity to block main arteries at rush hour.

Has President Obama condemned this? Has Eric Holder?

Remarkable. Underlings of Gov. Chris Christie have been under investigation for a year for closing off lanes to the George Washington Bridge. Contrast liberal indignation at Christie, with liberal indulgence of the lawbreaking Thursday night, and you will see what people mean when they talk of a moral double-standard.

What were these protests about? A grand jury on Staten Island voted not to indict NYPD officer Daniel Pantaleo in the death of Eric Garner last July. As the video that has gone global shows, Pantaleo sought to arrest Garner, a 6’5", 350-pound man arrested many times before.

What was Garner doing?

Selling cigarettes one by one on a main street, a public nuisance for the stores and shops in front of which he plied his trade, but not a felony, and surely not a capital offense. A misdemeanor at most.

As Garner backed away and brushed aside attempts to handcuff him, Pantaleo grabbed him from behind by the neck to pull him down, as other cops swarmed in.

Repeatedly, Garner cried, “I can’t breathe!” On the ground he again cried, “I can’t breathe!” And he died there on the sidewalk.

Undeniably, terrible and tragic. Undeniably, not a natural death. And, undeniably, the way Garner was brought down and sat upon, an arm around his neck, contributed to, if it did not cause, his death.

Yet Garner did not die by strangulation. According to the city medical examiner, he died from the “compression of chest and prone positioning during physical restraint by police.”

The cops were holding him down by sitting on him.

As Rep. Peter King said Thursday, “If [Garner] had not had asthma and a heart condition and was so obese, he would not have died.” The Washington Post reports that the medical examiner seemed to confirm this, describing “Garner’s asthma and hypertensive cardiovascular disease as contributing factors.”

Why would a Staten Island grand jury not indict Pantaleo for murder or manslaughter in the death of Eric Garner?

In a word, intent.

Did Pantaleo intend to kill Eric Garner when he arrived on the scene? Did Pantaleo arrive intent on injuring Eric Garner? No and no.

Pantaleo was there to arrest Garner, and if he resisted, to subdue him and then arrest him. That was his job.

Did he use a chokehold, which the NYPD bans, or a takedown method taught at the police academy, as his lawyer contends?

That is for the NYPD to decide. The grand jury, viewing the video, decided that the way Pantaleo brought down Garner was not done with any criminal intent to kill or injure him, but to arrest him.

Garner’s death, they decided, was accidental, caused by Pantaleo and the other NYPD cops who did not intend his injury or death, with Garner’s asthma and heart disease as contributing factors.

Now that grand jury decision may be wrong, but does it justify wild allegations of “racist cops” getting away with “murder”?

This reflexive rush to judgment happens again and again.

We were told Trayvon Martin was shot to death by a white vigilante for “walking while black,” and learned that Trayvon, when shot, had been beating a neighborhood watch guy nearly unconscious, “martial arts style,” while sitting on top of him.

We were told that Ferguson cop Darren Wilson gunned down an unarmed black teenager for walking in the street, and learned that Michael Brown just robbed a convenience store, attacked Wilson in his patrol car, and was shot trying to wrestle away the officer’s gun.

Liberals are imprisoned by a great myth—that America is a land where black boys and men are stalked by racist white cops, and alert and brave liberals must prevent even more police atrocities.

They live in a world of the mind.

The reality: As of 2007, black-on-white violent crime was nearly 40 times as common as the reverse. But liberals can’t give up their myth, for it sustains their pretensions to moral superiority. It defines who they are.

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Begin Trace Mode for Comment # 12.

#1. To: nativist nationalist (#0)

Why would a Staten Island grand jury not indict Pantaleo for murder or manslaughter in the death of Eric Garner?

In a word, intent.

Intent? Buchanan must be kidding.

http://dictionary.law.com/Default.aspx?selected=1209

manslaughter

n. the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter"). Examples: Eddy Hothead gets into a drunken argument in a saloon with his acquaintance Bob Bonehead, and Hothead hits Bonehead over the head with a beer bottle, causing internal bleeding and death. Brent Burgle sneaks into a warehouse intent on theft and is surprised by a security man, whom Burgle knocks down a flight of stairs, killing him. Both are voluntary manslaughter. However, if either man had used a gun, a murder charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another followed by a killing before the passion cools usually limits the charge to voluntary manslaughter and not murder, but prior attacks could convince a District Attorney and a jury that the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

nolu chan  posted on  2014-12-05   15:40:05 ET  Reply   Untrace   Trace   Private Reply  


#5. To: nolu chan, nativist nationalist (#1)

Intent? Buchanan must be kidding.

There are two levels of manslaughter: voluntary and involuntary.

Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter")

Ok. How does this case fall under any degree of manslaughter without proving intent?

It was clear to the Grand Jury that the "intent" was solely to subdue a non-compliant perp.

Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

"Charged," yes. "Negligent," and breaking the law by driving recklessly, yes.

Was the fat perp responsible for self-manslaughter? Guilty of negligence of his own body (considering his undisclosed, unknown-to-LE medical condition?) Guilty of breaking vendor laws? Tax evasion? Was he guilty of...being STUPID??

Liberator  posted on  2014-12-07   1:17:16 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Liberator, nolu chan (#5)

Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

"Charged," yes. "Negligent," and breaking the law by driving recklessly, yes.

Texas has what they call "Intoxication Manslaughter"...

http://espn.go.com/dallas/nfl/story/_/id/10334414/josh-brent-former-dallas- cowboys-player-convicted-intoxication-manslaughter

CZ82  posted on  2014-12-07   9:15:45 ET  Reply   Untrace   Trace   Private Reply  


#12. To: CZ82, Liberator (#8)

link

Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.

District Attorney Daniel Donovan only asked grand jurors to consider manslaughter and criminally negligent homicide charges against NYPD Officer Daniel Pantaleo, the cop seen on widely-watched amateur video wrapping his arm around Garner's neck as the heavyset, asthmatic 43-year-old yelled, "I can't breathe!" nearly a dozen times during the July 17 confrontation, the source said.

There is no element of intent to a reckless endangerment charge. It was, obviously, the charge most likely to return an indictment. It was an option not afforded to the grand jury. Neither was § 121.11 Criminal obstruction of breathing or blood circulation which requires an intent to restrict breathing or blood circulation, but the specific intent of the observed chokehold is to restrict either breathing or blood circulation.

http://codes.lp.findlaw.com/nycode/PEN/THREE/H/120/120.20

N.Y. PEN. LAW § 120.20 : NY Code - Section 120.20: Reckless endangerment in the second degree

A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. Reckless endangerment in the second degree is a class A misdemeanor.

http://codes.lp.findlaw.com/nycode/PEN/THREE/H/120/120.25

N.Y. PEN. LAW § 120.25 : NY Code - Section 120.25: Reckless endangerment in the first degree

A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person. Reckless endangerment in the first degree is a class D felony

http://law.onecle.com/new-york/penal/PEN0121.11_121.11.html

New York Penal - Article 121 - § 121.11 Criminal Obstruction of Breathing or Blood Circulation

§ 121.11 Criminal obstruction of breathing or blood circulation.

A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:

a. applies pressure on the throat or neck of such person; or

b. blocks the nose or mouth of such person.

Criminal obstruction of breathing or blood circulation is a class A misdemeanor.

nolu chan  posted on  2014-12-07   18:54:49 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 12.

#25. To: nolu chan (#12)

Staten Island's top prosecutor did not ask grand jurors to consider a reckless endangerment charge in the chokehold death of Eric Garner, a source familiar with the case told NBC 4 New York.

*sob, sniffle*

Did the prosecutors ask the Grand Jury to consider the perp's 31 priors arrests? His dismissing repeated LE presence to cease and desist of his illegal commerce, chronic nuisance, and disturbing the peace? His physical intimidation of the LEOs in blowing them off?

§ 121.11 Criminal obstruction of breathing or blood circulation.

A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she...

Nice try.

Resist simple requests for compliance, and the responsibility of "criminal guilt"is on...THE CRIMINAL.

Btw -- Are you an ACLU/SPLC attorney??

Liberator  posted on  2014-12-10 13:37:35 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 12.

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