jariel said:
DrewP said:
I haven't looked at the testimony, but from the video I have to believe the guy got off due to lack of intent. No one could reasonably expect choke-holding a guy for a few seconds would seriously harm him.
That's not the way the law is supposed to work.
"Intent follows the bullet."
If you are outside of your house celebrating New Year's and you shoot a gun up into the air, and someone gets injured or killed by one of the stray bullets, the police are going to come after you.
You can't argue that you didn't believe anyone would be harmed.
This cop can't argue that he put a guy in a choke-hold and didn't believe he would die so on that basis, his belief, he should not be charged with a crime.
Ray Rice would have been charged with murder if his wife had suffered a fatal head injury from hitting that elevator rail after he punched her.
I understand what you're saying, but you can't compare a police officer affecting an arrest on a uncooperative suspect with a guy firing a gun in the air or Ray Rice punching his wife. The latter are people performing inherently criminal acts, whereas
it's a police officer's job to use force in such a situation. And while it seems the chokehold violated protocol, that's not the same as it being an illegal maneuver.
I'm not sure what the mens rea of the charged offense is under New York law, but I wouldn't be surprised if they did in fact have to establish intent, or at the very least gross negligence. And that's going to be hard to do when we're talking about a brief chokehold on a suspect twice your size who is resisting arrest.
This is a very sad case, and the officer should face some serious disciplinary consequences, but I'm not convinced he should get jail time. Would this choke have hurt someone who wasn't a grossly obese asthmatic?
EDIT
The rage-inducing thing about this case is the disproportion between the offense (selling cigarettes) and the outcome (dying alone on the pavement). And maybe the tactics used by the police - violent swarming without warning - should be challenged. But then again, I can understand why cops would want to immediately subdue anyone who resists arrest, so as to minimize danger to themselves.
In the end I think this is just a tragedy without a real villain