Tag Archives: Eric Garner

Family Of Eric Garner And City Of New York Reach Settlement

The family of Eric Garner has reached a settlement with the city of New York. According to New York City Comptroller Scott Stinger, the city has agreed to pay the family $5.9 million to settle the lawsuit surrounding Garner’s choking death at the hands of New York police officers.

The Garner family was suing the city of New York for $75 million. Garner, who died 1 year ago this week, was approached by a number of officers who confronted him over selling loose leaf cigarettes. Garner’s death was captured on cell phone video. He was unarmed and told officers more than a dozen times that he could not breathe as the choke hold was applied. Garner’s final words, “I Can’t Breathe”, became a rallying cry in New York and across the nation as part of the Black Lives Matter movement.

On Monday, a statement released by the comptroller’s officer read in part: “Following a judicious review of the claim and facts of this case, my office was able to reach a settlement with the estate of Eric Garner that is in the best interests of all parties.”

Garner’s death was ruled a homicide, but the officer who choked Garner to death was cleared of wrongdoing by a Staten Island grand jury in December. That decision to not indict Officer Daniel Pantaleo sparked protests held by tens of thousands of activists in New York City and across the country.

 

Stringer said that the settlement doesn’t mean New York City has accepted liability for the death, but he believes the agreement “acknowledges the tragic nature of Mr. Garner’s death while balancing my office’s fiscal responsibility to the City.”

The New York Post reported that Ed Mullins, president of the NYPD union Sergeants Benevolent Association, was critical of the settlement deal. “In my view, the city has chosen to abandon its fiscal responsibility to all of its citizens and genuflect to the select few who curry favor with the city government,” Mullins told the Post. “Mr. Garner’s family should not be rewarded simply because he repeatedly chose to break the law and resist arrest.”

Proposed Bill Would Make Police Chokeholds a Federal Crime

The Excessive Use of Force Prevention Act, a bill sponsored by New York Rep. Hakeem Jeffries (D-Brooklyn), would make the use of chokeholds by officers on suspects a crime under federal law.

The bill, which defines a chokehold as “the application of any pressure to the throat or windpipe which may prevent or hinder breathing or reduce the intake of air,” will be introduced in Congress on Tuesday.

At a press conference on Monday, Jeffries was joined by Gwen Carr, the mother of Eric Garner, the 43-year-old black man who was choked to death on July 17 by New York Police Officer Daniel Pantaleo.

Garner’s encounter with Pantaleo was captured on video, which revealed that after Pantaleo confronted Garner for allegedly selling untaxed “loose” cigarettes, and put him in a chokehold, Garner said, “I can’t breathe” 11 times before the chokehold took his life. The Staten Island grand jury announced their decision not to indict Pantaleo on Dec. 3.

“The chokehold is a classic example of violent police tactics,” Jeffries said. “It is an unreasonable measure. It is an unnecessary measure. It is an uncivilized measure. This bill will make it an unlawful measure.”

Carr called this bill a “step in the right direction,” and said she was going to do whatever she could to help the bill pass.

Because police officers are just like other citizens – if there’s a crime, if there’s misconduct, they should arrested and they should be held accountable just like any other citizen,” Carr said. “They should enforce the law, but not be above the law.”

The Huffington Post reported that the United States Dept. of Justice is currently investigating Garner’s death to determine whether Pantaleo violated Garner’s civil rights, and noted that DOJ investigations into alleged police misconduct, “rarely lead to charges being filed.”

According to the Associated Press,  Jeffries defined the bill was a way to amend civil rights laws dealing with excessive force by “defining chokeholds as a depravation of rights under the color of law.”

Jeffries said it is clear that the current department police is “not sufficient,” referencing over over 1,000 complaints that have been filed with the Civilian Complaint Review Board regarding NYPD chokeholds from 2009 to 2013. The Huffington Post noted, “only nine of those complaints were substantiated by the CCRB, and only one officer was disciplined – by being docked some vacation days.”

 

Release Of Jailed Man Who Filmed NYPD Choking Of Eric Garner Delayed Despite Posting Bail (UPDATED)

Update, April 10th, 2014, 4:08 p.m.: On Friday afternoon, District Attorney Dan Donovan’s office withdrew the bail hearing for Ramsey Orta challenging the source of funds used to post his bail.

Staten Island, NY- Ramsey Orta, the man who filmed NYPD Officer Daniel Pantaleo using a banned chokehold technique on Eric Garner, has not been released from prison this week despite posting bail.

Orta, 23, was indicted last December on gun charges shortly after a grand jury declined to indict Pantaleo for the death of Eric Garner. Orta was accused of placing a handgun in a teenager’s waistband and faces two felony weapon charges and a misdemeanor weapon possession charge in that case. After Orta was arrested, the New York City Patrolmen’s Benevolent Association made a statement proposing the idea that it was “criminals like Mr. Orta who carry illegal firearms who stand to benefit the most by demonizing the good work of police officers.”

In February, Orta was accused of selling drugs to an undercover police officer on nine different occasions, and is facing felony charges of criminal sale and criminal possession of a controlled substance and a misdemeanor charge of criminal possession of a controlled substance.

Orta has refuted all of the charges, claiming that he was “set up” in regard to the alleged drug sales as well as the gun possession charges. Assistant District Attorney Natalie Barros said that seven of Orta’s nine alleged drug transaction were caught on videotape. Orta has remained in prison following the drug charges.

According to news station PIX11, a GoFundMe campaign was initiated by Lisa Mercado, Orta’s aunt, to raise $16,000 for the cost of Orta’s bond and other fees. The GoFundMe campaign has raised close to $47,000 from over 1,800 donors.

On Thursday, in response to the campaign successfully raising enough funds to release Orta, an assistant district attorney with the Staten Island District Attorney’s Office requested a bail hearing to make sure that the money did not come from illegal sources. Staten Island Live reported that the bail hearing will be held on Monday, while PIX11 has reported that Orta will appear before a judge Friday.

“I’m amazed,” said Kenneth Perry, Orta’s attorney. “Here the D.A. was given 115 pages of names showing who these donors were.”

The office of District Attorney Dan Donovan told PIX11 that bail hearings in criminal cases are not uncommon. Donovan’s office also told PIX11 the connection between Donovan, who is running for Congress in a special election and was endorsed by multiple New York police unions, and the recent development in Orta’s case is not direct.

 

Edited Wikipedia Entries About Police Brutality Traced To NYPD; Department Investigating

New York- Last Friday, Capital New York reported that several changes had been made to Wikipedia entries including those regarding the deaths of Eric Garner, Sean Bell, and Amadou Diallo, and those changes were traced back to computers operating on the NYPD’s network. Garner, Bell, and Diallo were three unarmed men killed by the NYPD in separate incidents.

According to Capital New York, a spokesperson confirmed over the weekend that the Wikipedia edits stemmed from NYPD servers, and police have identified one editor of an Eric Garner entry as an individual working from NYPD computers outside of 1 Police Plaza. The NYPD has not publicly named the individual.

“We are conducting an internal investigation to identify what member of the service may have accessed the Department’s server. These incidents did not originate from computers located at Police Headquarters,” said Deputy Commissioner Stephen Davis regarding edits to the “Death of Eric Garner” Wikipedia page made on Dec. 3, 2014, shortly after a grand jury declined to indict Officer Daniel Pantaleo in the death of Eric Garner.

Capital New York revealed the following edits reportedly made by a user on the 1 Police Plaza network to the “Death of Eric Garner” entry:

  • “Garner raised both his arms in the air” was changed to “Garner flailed his arms about as he spoke.”
  • “[P]ush Garner’s face into the sidewalk” was changed to “push Garner’s head down into the sidewalk.”
  • “Use of the chokehold has been prohibited” was changed to “Use of the chokehold is legal, but has been prohibited.”
  •  The sentence “Garner, who was considerably larger than any of the officers, continued to struggle with them,” was added to the description of the incident.
  •  Instances of the word “chokehold” were replaced twice, once to “chokehold or headlock,” and once to “respiratory distress.”

The screenshots of those changes can be seen here.

Capital New York reported that on April 12, 2007, a user on 1 Police Plaza’s network tried to delete a “Sean Bell Shooting Incident” Wikipedia entry. “He [Bell] was in the news for about two months, and now no one except Al Sharpton cares anymore. The police shoot people every day, and times with a lot more than 50 bullets. This incident is more news than notable,” the user wrote on Wikipedia’s “Articles for deletion” page.

Capital New York also reported that on On Nov. 23, 2013, a user on the 1 Police Plaza network edited a Wikipedia entry for an unarmed man named Amadou Diallo, who was killed by the NYPD in 1999 after his wallet was identified as a gun. Changes were made to a sentence referring to NYPD Officer Kenneth Boss, an officer who was involved in the shooting. The sentence “Officer Kenneth Boss had been previously involved in an incident where an unarmed man was shot, but remained working as a police officer” had been changed to “Officer Kenneth Boss had been previously involved in an incident where an armed man was shot”.

Changes have also reportedly been made to Wikipedia entries about the NYPD’s stop-and-frisk policies:

“The stop-and-frisk program of New York City is a practice of the New York City Police Department to stop, question, and search people” was changed to “The stop-and-frisk program of New York City is a practice of the New York City Police Department to stop, question and, if the circumstances of the stop warrant it, conduct a frisk of the person stopped.”

“The stop-and-frisk program of New York City is a practice of the New York City Police Department to stop, question and, if the circumstances of the stop warrant it, conduct a frisk of the person stopped” was changed to “The stop-and-frisk program of New York City is a practice of the New York City Police Department by which a police officer who reasonably suspects a person has committed, is committing, or is about to commit a felony or a Penal Law misdemeanorstops and questions that person, and, if the circumstances of the stop warrant it, conducts a frisk of the person stopped.”

“if the circumstances of the stop warrant it, conducts a frisk of the person stopped” was changed to “if the officer reasonably suspects he or she is in danger of physical injury, frisks the person stopped for weapons.”
“The rules for stop and frisk are found in New York State Criminal Procedure Law section 140.50, and are based on the decision of the United States Supreme Court in the case of Terry v. Ohio” was also added to the Wikipedia entry.

Capital New York pointed to a list of anonymous Wikipedia edits tracing back to NYPD IP addresses that can be seen here. Davis said that a thorough investigation will be difficult because the NYPD maintains just one-year logs of computer activity. The NYPD may be able to investigate its records regarding recent changes such as the Eric Garner edits, but the department may not able to trace older activity. Capital New York reportedly discovered Wikipedia edits connected to the NYPD spanning at least ten years.

Nashville Police Chief Defends Decision Not to Crack Down on Police Brutality Protesters

Following the highly-publicized and controversial officer-involved deaths of Michael Brown and Eric Garner, protests erupted nationwide. In many cities, police responded to demonstrations with overwhelming force and military hardware, and rioters reacted by setting fire to storefronts and looting local businesses. However, Nashville Police Chief Steve Anderson took a dramatically different approach, instead treating the anti police brutality rallies as a type of parade or community event. Consequently, no violence or property damage took place.

At one point, protesters took over I-24 and engaged in a technically-illegal die-in, inconveniencing Nashville drivers. Recognizing that arresting all of the protesters and clearing them from the roadway would elevate hostilities and take several hours to complete, Chief Anderson, channeling the Music City’s culture of politeness, blocked I-24 to protect the protesters and drivers. The demonstrators made their point and exited the roadway within around 20 minutes. However, detractors, who would have rather seen Nashville’s top cop unleash maximum force on demonstrators, complained about the Chief’s soft response. The Tennessean is reporting that Chief Steve Anderson issued a Christmas message on December 26 in which he responded to critics, and, in so doing, laid out his philosophy on law enforcement in which Nashville police are instructed to focus on community safety, rather than revenue generation and arbitrary crackdowns over political ideology. He also expressed his view that open-mindedness holds the key to a resolution of the core issues behind the police brutality protests and said, “It is only when we go outside that comfort zone, and subject ourselves to the discomfort of considering thoughts we don’t agree with, that we can make an informed judgment on any matter.”

Chief Anderson’s letter opened by thanking Nashville police and acknowledging that “not everyone will understand or agree with the manner in which we have responded during these demonstrations.” He told his subordinate officers, “As a member of the Metropolitan Nashville Police Department, you have responded to these events in a manner that clearly shows that this is a professional police department staffed by professional individuals who respect the points of view of all persons. Again, thank you for showing the Nashville public that, individually and collectively, they have a police department they can be proud of.”

However, he did not stop there. Anderson also included and responded to a letter from an anonymous detractor who complained that failing to arrest the protesters for taking over I-24 would lead to a collapse of the rule of law, endangering community safety. Nashville’s Police Chief said that the letter was representative of the views of people whose “thought processes are driven, not by what has occurred during the demonstration, but more by the social positions taken by the demonstrators.” He continued, “Clearly, they are more angry at the thoughts expressed by the demonstrators than how the demonstrations are being conducted. While I respect their right to take that position, we cannot allow those views to be a part of our decision making process. Decisions need to be made with a view toward what is best for all of Nashville.” Chief Anderson’s operating policy is to remain neutral on the political views of protesters in keeping with the First Amendment.

The critic also asked how he is supposed to teach his son to respect police who would allow protesters to get away with such lawlessness. The letter calling for a crackdown implied that Chief Anderson may have been ordered by Nashville Mayor Karl Dean not to arrest protesters.

Anderson responded generally by taking ownership of and standing by his decision, saying, “comparing the outcome here in Nashville with what has occurred in some other cities, the results speak for themselves.”

However, he also took the opportunity to explore a teachable moment regarding officer discretion in incidences in which minor violations of the law have taken place. He asked if the individual who wrote the letter would make the same complaint if he were issued a warning after committing a minor traffic violation. Chief Steve Anderson then confirmed a long-standing rumor by admitting that officers in his department institutionally give warnings rather than citations to citizens found clear of warrants and repeat offenses who commit minor traffic violations. Said Anderson, “In the year 2013, our officers made over four hundred thousand vehicle stops, mostly for traffic violations. A citation was issued in only about one in six of those stops. Five of the six received warnings. This is the police exercising discretion for minor violations of the law. Few, if any, persons would argue that the police should have no discretion.”

There is no doubt that Chief Anderson could raise significantly more revenue for the city if he ordered crackdowns on every minor offense and technicality, but his policing style is focused on community safety and harmony, rather than revenue generation. The below video contains footage of a police encounter with an officer from the Metro Nashville Police Department which was filmed by a Tennessee-based cop watcher.

Note in the video above that the cop watcher was given a polite warning about his non-functioning headlight, which could be a safety hazard, and was then allowed to go on his way. The two had a friendly, agreeable conversation about an incident in which Chief Steve Anderson criticized the Secret Service for asking his officers to fake a warrant, which they refused to do, in an effort to illegally search the home of an Obama critic.

The cop watcher in the above video had also previously recorded a July 4, 2013 stop in another county in Tennessee, in which officers appeared to coach a K-9 unit to signal the presence of drugs in an effort to conduct an illegal search. That video, seen below, went viral nationwide and demonstrates the difference between the conduct of police officers under Steve Anderson’s leadership in Nashville and others working in rural counties across the state.

Civilians and non-civilians alike gather to bid farewell to fallen NYPD officer

It has been hard to be a police officer in America after the deaths of Michael Brown and Eric Garner, and two NYPD officers were killed in retaliation for the failure of grand juries to indict officers in relation to their deaths.  In retaliation, two NYPD officers were killed by a civilian on Dec. 20.

One of those slain NYPD officers though, received an emotional sendoff Friday, as officers, civilians, and others gathered to say goodbye to the fallen.

Officer Rafael Ramos, 40, was one officer killed in the line of duty.  Ramos was said to be a devoted member of the Christ Tabernacle Church in Queens, and his funeral is expected to draw thousands according to the New York Daily News.  Ramos was an active member in the church, which he attended for the past 14 years with his wife and two sons.

“Ralph was one of the faithful ushers who made Christ Tabernacle feel like home,” said executive pastor Rev. Adam Durso.  “He loved his family and his church.”

Police officers from all over the country are also said to be in attendance for Ramos’s funeral.  ABC News has reported JetBlue has flown about 670 law enforcement officers from all over the country to New York City so they can show their support for the fallen officer.  The airline company also said they are offering free transportation for those officers across the nation who wish to attend the funeral.

Vice President Joe Biden has also said he would be in attendance for Ramos’s funeral on Saturday.

Mayor Bil de Blasio, who NYPD officers have said has “blood on his hands” for the killings of the two officers, has said, according to Reuters, he hopes the funerals for both officers will help in reuniting the broken city.

The funeral arrangements for Officer Wenjian Liu, who was killed alongside Ramos, have not yet been announced as federal agents have begun to help transport his family members from China to America for his funeral.

Agent Provocateur? Masked Cop, Uncovered by Oakland Protesters, Points Gun at Freelance Photographer

On Wednesday, a police brutality protest spontaneously emerged in the Oakland, CA area in response to recent revelations that grand juries failed to indict the officers responsible for the controversial deaths of Michael Brown and Eric Garner. The demonstrators met on the campus of the University of California, Berkeley and marched throughout the streets of Oakland. According to KTVU, the group of around 150 to 200 protesters initially disrupted PayPal founder Peter Thiel’s talk at Berkeley before leaving campus and marching downtown. The crowd of demonstrators swelled in number as it moved through the city.

Later on, as the protest thinned down to around 30 to 50 people, protesters noticed two suspicious masked men, who, according to tweets by eyewitnesses, seen below and cited by SFGate, had allegedly been attempting to incite the crowd to commit acts of vandalism and banging on the windows of local businesses. The relative calm of the protests faded, and the demonstrations descended into chaos, as some among the crowd began looting and throwing rocks at shop windows. Angry demonstrators circled around the two masked men, believing them to be agent provocateurs sent by police to incite violence and discredit the protest. What happened next is in dispute and ended in a California Highway Patrol officer pulling out his service weapon on protesters and a photographer covering the protests for the San Francisco Chronicle.

A protester who identified himself as Dylan told KTVU that he grabbed a bandanna off of the officer’s face, exposing him to the crowd, and that the officer responded by assaulting a different African-American protester. Said Dylan, “I’m a white man, and I pulled off [the officer’s] mask, but they punched a black man… He got arrested.” Dylan said that the two masked men never identified themselves as police officers.

Freelance photographer Michael Short, who was covering the event for the San Francisco Chronicle, described what happened next at around 11:30 PM in comments to SFGate, “Just as we turned up 27th Street, the crowd started yelling at these two guys, saying they were undercover cops… Somebody snatched a hat off the shorter guy’s head and he was fumbling around for it. A guy ran up behind him, knocked him down on the ground. That guy jumped, backed up, and chased after him and tackled him and the crowd began surging on them… The other taller guy had a small baton out, but as the crowd started surging on them, he pulled out a gun.”

The officer then pointed his gun, held sideways, directly at Michael Short, who snapped a photo of the tense moment. 

The bandanna-wearing officers were later identified as working for California Highway Patrol. CHP Golden Gate division Chief Avery Browne told KTVU, “[The officer] told me he didn’t know if he was going to make it out alive… They were outnumbered, they were assaulted, and at that point, two officers were not going to be able to arrest 30 or 40 or 50 individuals.” Chief Browne confirmed that his division did send what he referred to as “plainclothes” officers to keep an eye on the protest and that they were wearing bandannas on their faces in order to blend in with others in the crowd, but claimed that they were not there to incite protesters and that he had not heard any reports alleging that the officers were encouraging violence. Said Browne, “We put plain-clothes officers in the crowd to listen and gather information.”

Chief Browne said that he will continue to send plainclothes officers out among protesters, despite the outcome in this incident, and told SFGate, “We know it’s upsetting, we know it’s disturbing, every time a firearm is drawn, whether in a protest situation or in a felonious car stop… But we need to understand that these officers were under attack.” The individual accused of punching the bandanna-wearing officer has been arrested for felony assault on a police officer. 

Chief Browne is not releasing the names of the officers involved and says that they remain on duty. The incident has raised questions about whether or not it is appropriate for on-duty police officers to attend protests wearing masks over their faces, considering the fact that it is typical for protesters to interpret such police tactics as efforts to provoke violence through the use of agent provocateurs. 

As a nationwide debate rages over increasingly-militarized police tactics, Ben Swann just released a new Truth in Media episode on the root of police militarization. Watch it in the embedded player below.

 

Truth in Media: The Root of Police Militarization

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In the latest episode of Truth in Media, Investigative Journalist Ben Swann looks at the root of America’s current problem with the militarization of police.

“The militarization of America’s police forces has captured the nation’s attention, largely because of Ferguson, Missouri,” said Swann. “But what media has not told you, is how police forces got militarized in the first place, and why militarization is about a lot more than just military equipment.”

Michael Brown, an unarmed black teenager was shot and killed by Ferguson police officer Darren Wilson during a confrontation in August. His death triggered protests, some of which led to rioting and looting.

Swann points out that what really “stunned the nation” was the way police responded to the protests. Rather than responding like a police force that intended to serve and protect, Ferguson police responded like a military unit, complete with armored vehicles and flash grenades. Swann said that for millions of Americans, “this was a stunning site on American streets.”

Swann said that while Benswann.com has been working to raise awareness about the militarization of police for over a year, “the rest of the media acted like they had no idea.”

The program ignored by the mainstream media is the 1033 program. Also called the Department of Defense Excess Property Program, this platform is used by police departments to obtain military equipment. Swann explains:

“It is a federal program that provides surplus DoD military equipment to state and local civilian law enforcement agencies for use in counter-narcotics and counter-terrorism operations, and to enhance officer safety.”

While the 1033 program does provide armored vehicles and flash grenades, it also provides police departments with other emergency supplies that go beyond weaponry.

Larry Kirk, the Police Chief in Old Monroe, Missouri, which is just a few miles from Ferguson, said that he is against banning the 1033 program altogether, due to the fact that it gives smaller departments certain supplies they would not have been able to afford.

However, while Kirk is in favor of keeping the program, he is also one of the few police chiefs in the country who is opposed to departments receiving military weapons. Kirk explained that he is skeptical about the level is militarized weapons that he has seen come through the program recently.
“Being realistic, there is no reason I would ever need an MRAP,” said Kirk. “Most departments would never need one.”

Swann further described the “MRAP,” which is one of two armored vehicles that police departments are given by grant, through the 1033 program. The vehicles, which were originally made to fight in the Iraq and Afghanistan wars, were kept by the Department of Defense after the wars cooled down, and are now being granted to local police departments.

According to a report from the New York Times, “about 500 planes, helicopters, and mine-resistant armored vehicles have been obtained, alongside 94,000 machine guns.”

Swann said that following the protests in Ferguson, Americans began to realize the size and scale of the military equipment that was available to local police, and they “began calling for police departments to do away with military vehicles.”

Swann also pointed out that while the mainstream media has covered the protests, it hasn’t worked to provide Americans with the keys to the root of the problem.

“What media has not helped the public understand is that the real problem with militarization is not military equipment,” said Swann. “It’s the use by police of military tactics.”

Swann gave three examples of incidents in which police used military tactics to serve warrants on drugs:

The first example occurred in Detroit, Michigan, when 7-year-old girl Aiyana Jones was awakened in the middle of the night by a stun grenade developed for wartime raids, called a “flash bang,” which was thrown by a SWAT team, and immediately set fire to her blanket. Following the release of the grenade, the SWAT team stormed into the house, and mistakenly shot Jones through the neck, killing her.

A second incident occurred in Tucson, Arizona, when a SWAT team attempted to serve a search warrant as part of a multi-house drug crackdown. Jose Guerena, an Iraq war veteran who lived in the house, instructed his family to hide while he got his gun, after his wife became alarmed at the sight of a shadowy figure standing in their front yard, holding a gun. Guerena retrieved his gun – leaving the safety on – and stepped into the living room. The SWAT team then entered the house and shot him 60 times.

Swann noted that the police “have still never said whether they found drugs” in Guerena’s home.

A third example occurred in Atlanta, Georgia, when a SWAT team visited a family’s home in search of a small amount of drugs they believed were in the possession of the family’s nephew. The parents, three daughters, and a 19-month-old baby boy were asleep in a converted garage when police opened the door and threw a stun grenade in. The grenade landed in the 19-month-old baby’s crib. It blew a hole in his chest, and resulted in such severe burns that the baby was placed in a medically induced coma.

Swann said that, according to author Radley Balkow, “The most common use of SWAT teams today is to serve narcotics warrants, usually with forced, unannounced entry into the home.”

These raids have become increasingly frequent, with as many as 40,000 occurring every year. Swann pointed out that the raids are “needlessly subjecting nonviolent drug offenders, bystanders, and wrongly targeted civilians to the terror of having their homes invaded while they’re sleeping, usually by teams of heavily armed paramilitary units dressed not as police officers but as soldiers.”

“Despite what the media spin-doctors will tell you, militarization has nothing to do with the war on terror, and it has everything to do with perpetuating the war on drugs,” Swann said.

Kirk said that he believed the United States has created so many different wars, from the war on crime to the war on drugs, that it has left police officers in the perpetual state of needing to be a “warrior.”

“If you continue to tell people they are in a war, you are going to create warriors,” said Kirk. “You are going to create soldiers that you are now putting on the street.”

Swann traveled to Washington DC to investigate the root of militarization. He noted that although DC has military gear and uses military tactics, “it does not participate in the 1033 program.”

Swann spoke with Seema Sadanandam, the ACLU Director of the Nation’s Capital. Sadanandam explained that while the picture of tanks in the streets was the “most visceral and extreme example” that came out of Ferguson, there is more to the concept of police militarization.

Sadanandam said that the fact that DC does not utilize the 1033 program would be surprising to members of the black communities who have been “subjected to law enforcement’s militarized war on drugs.”

While DC does not participate in the program, it does use military tactics on a daily basis. One of the tactics used, is referred to as the “jump out car.

Sadanandam explained that a “jump out car” is an unmarked car containing four to six officers, dressed in tactical vests, who jump out of the car to ambush their target. “They literally jump out of the car and surprise people,” said Sadanandam, who went on to say that the main objective is to convince people to submit to a so-called “consent search.”

According to Sadanandam, the tactic of using jump out cars is only acceptable in black, brown, and indigent communities, and is not seen in all-white communities.

“In Dupont circle, for example, which is a largely white community and where we know that there is regular cocaine use and cocaine possession, you would never see jump out cars jumping out on a group of white men in business suits, and police saying they fit the description of regular cocaine users,” said Sadanandam. “That would be considered completely unacceptable.”

Swann attended a meeting in southeastern DC, where black residents gathered to express their frustration with militarized police. He noted that people living in these neighborhoods say militarization for them is “not about the idea that so many of us have been confronted with” in the last few months. Instead, it is something they have been dealing with their entire lives.

Orlando Bego, the Pastor of Centerpoint Baptist Church, said that in the midst of the events in Ferguson, the nation was watching the wrong problem, and that getting rid of the 1033 program will not solve the real problem.

“Ferguson is not new,” said Bego. “It may be new for the mass of people who watch it on media outlets, but for people who live in inner city, urban neighborhoods, that is a common tactic that is used.”

Bego believes that even if the 1033 program were eliminated, the military mindset instilled in police officers would still be present. He said he dreads the day that his 10-year-old son, who currently wants to grow up to be a police officer because he views officers as heroes who serve and protect, is “pulled over for driving while black,” or “stopped and harassed for making eye contact.”

Ben Swann maintains that while Americans should be outraged at the idea of militarization, it should not be just because police show up in tanks to a protest. It should be because of the tactics that have been used by police for years, such as using battering rams to knock down people’s doors, and throwing stun grenades through windows, all for the sake of serving drug warrants.

“The militarized mindset isn’t about gear, it’s about tactics,” said Swann. “When we talk about things like ‘no hesitation targets,’ where police are taught to shoot a child holding a gun, or shoot a pregnant woman holding a gun, at what point do we as a public tell police, ‘Stop. We want you to hesitate.’”

Swann noted that while there are still many men and women who become police officers to serve and protect their communities, the problem occurs in the militarized way they are being trained. “They’re being taught to kill or be killed, that every suspect they encounter could be their last encounter, and that every person walking the streets of every community, is a threat, when in fact, it’s simply not true,” Swann said.

“Militarization takes good cops and teaches them to act like they’re in a warzone,” said Swann. “But the streets of the United States of America are not a warzone, and it’s up to us, the public, to keep it that way.”

Law school students can ask for final exams to be postponed

Columbia Law School is allowing students to ask for their final exams to be postponed if the student says they felt traumatized or disturbed by the decisions not to indict police officers in Missouri and New York for the deaths of Michael Brown and Eric Garner.

Robert E. Scott, the interim dean for Columbia Law School, sent an email on Saturday saying, according to Buzzfeed, “Students who feel that their performance on examinations will be sufficiently impaired due to the effect of these recent events may petition Dean Alice Rigas to have an examinations reschedule.”

The email also says, “For some law students, particularly, though not only, students of color, this chain of events is all the more profound as it threatens to undermine a sense that the law is a fundamental pillar of society designed to protect fairness, due process and equality.”

Yahoo News is also reporting a trauma specialist and several faculty members are holding special office hours for any student who wants to discuss the decisions or needs support.

The decision to allow students to postpone their exams comes after a student organization called for the exams to be put on hold.  According to FOX News, an email sent to the school board says many of the same legal principles the students had learned about were being used to “deny justice to so many black and brown bodies.”

The letter the group wrote was posted online and part of it reads, “We sit to study with the knowledge that our brothers and sisters are regularly killed with impunity on borders and streets; we sit to study with the understanding that our brothers and sisters are marching to have our humanity recognized and valued by a system that has continually failed us.”

While many students disagree with the postponement of their fellow student’s exams for these reasons, a spokeswoman told the NY Post, students have been allowed to postpone their exams over “extenuating conditions, including illness, religious observance, bereavement and other exceptional and documented circumstances.”

LeBron James Wears “I Can’t Breathe” Shirt During Game Warm-up

A thousand Eric Garner supporters tried to shut down the Barclays Center in New York City on Monday night, protesting outside of the arena where Britain’s Prince William and Kate Middleton were attending a NBA game.

Inside the game, LeBron James and Kyrie Irving warmed up in “I Can’t Breathe” t-shirts to show solidarity with the family of Eric Garner. James wore the shirt after Derrick Rose with the Chicago Bulls wore an “I Can’t Breathe”shirt during warm-ups on Saturday.

In the video below Ben talks with correspondents across in New York, D.C. and Los Angeles about ongoing protests.

Alice in Chains Singer Says Cops Detained Him, Accused Him of Breaking into His Own Home

According to the music news site Loudwire, Alice in Chains vocalist William DuVall, who took over as the band’s lead singer following the death of Layne Staley, recently described an incident, which he claims happened around five years ago, in which police allegedly detained him for 30 minutes at his own West Hollywood home, as he was pulling into his garage, under suspicion that he was about to break into it. He says that police held him despite the fact that his driver’s license confirmed that he lived at the address. He believes that his detention was racially motivated.

Following a grand jury’s decision not to indict NYPD Officer Daniel Pantaleo in the choking death of Eric Garner, a Twitter discussion on racial disparities in the criminal justice system emerged under the hashtag #AliveWhileBlack. Alice in Chains frontman William DuVall contributed to the discussion on December 4 with the below tweet, describing the alleged time when he was profiled by police.

When some news outlets reacted to the tweet by reporting that the detention had just taken place, DuVall clarified that he was referring to an incident that had occurred in the past.

He offered further comments on Facebook discussing racial disparities in the criminal justice system, saying, “I was inspired to recount [the detention] after reading the many ‪#‎AliveWhileBlack‬ and ‪#‎CrimingWhileWhite‬ posts coming up on Twitter yesterday. In my view, those entries provide one of the most riveting illustrations of the dichotomy at the heart of America that I have ever seen. What really struck me is the fact that those stories flooding in by the thousands are merely a fraction of the millions more we will never hear. These are the ‘small’ stories, the ‘everyday’ stories, the ones so deeply woven into the fabric of our lives that they almost become mundane. And therein lies the true nature and scope of the problem… Because what’s most tragic and sobering to me about ALL of these stories – whether they fall into the more graphically horrific category of an Eric Garner, Tamir Rice, or Michael Brown or whether they are of the more ‘mundane’ variety like many of the ones currently being shared on Twitter, including my own – is that, almost without exception, any of them could have just as easily taken place 50 years ago.”

A Facebook user replied to DuVall’s post, saying, “I’d bet there’s more to this story and a legitimate and articulable reason as to why you were detained.”

DuVall replied, “If by ‘more to the story’ you mean the fact that I’m a law abiding citizen with no criminal record whatsoever, zero history of any criminal activity, who pays plenty in taxes every year, who dared to pull into my own driveway after a day of work and running errands, then, yes, you’re right, there is more to the story. My bad.”

DuVall ended his comments on a positive note, saying, “We have made tremendous strides as a nation, many of them in my own lifetime. I remain extremely proud of that. In the name of our ancestors who sacrificed so much to get us here and our children who will inherit this earth in our wake, we can’t afford to idle and we can’t fall back now. We have before us a golden opportunity to take yet another step forward. For all our sakes, I sincerely hope we seize it.”

Grand Jury Indicts Man, Who Filmed Eric Garner’s Chokehold Death by NYPD, on Gun Charges

“You’re just mad because I filmed your boy,” said Ramsey Orta, according to The Huffington Post, as officers with the New York Police Department arrested him for allegedly owning a gun. Orta is the man behind the camera in the now-infamous video in which NYPD officers put unarmed Eric Garner in a banned chokehold that suffocated him to death on a packed New York street. When a grand jury declined yesterday to indict NYPD Officer Daniel Pantaleo for killing Garner, protests erupted across the US, as many Americans felt that justice had not been served.

In light of the grand jury’s non-indictment of Eric Garner, Nick Wing at The Huffington Post pointed out the fact that a grand jury did indeed indict Ramsey Orta on gun charges that he claims were pinned on him by NYPD officers in an act of retaliation against him for filming the choking death. According to SILive.comOrta, who filmed Garner’s death on July 17, was arrested on August 2 after police allegedly saw him handing a .25 caliber handgun to a friend. While firearms ownership is constitutionally protected and legal in most US jurisdictions, citizens in New York City are subject to strict gun control laws.

On August 15, a grand jury indicted Ramsey Orta, who has a prior drug conviction, on two felony charges, criminal firearm possession and third-degree criminal weapon possession, and a misdemeanor weapon possession charge. Orta plead not guilty and is fighting the charges. The New York City Patrolmen’s Benevolent Association issued a statement on Orta’s arrest with harsh words for “criminals like Mr. Orta who carry illegal firearms who stand to benefit the most by demonizing the good work of police officers.”

Orta’s wife Chrissie Ortiz told SILive.com that the charges against him were “total b.s.” and said, “I’m just worried about my husband and getting out the truth and making sure justice is served for Eric Garner and my husband.” She claims her husband was set up by NYPD and told CBS New York, “He called me and said, ‘babe, hurry up and come over here. They’re trying to pin something on me’… The day after they declare [Eric Garner’s death] a homicide, you find someone next to [Ramsey Orta] with a gun, and you saw him pass it off? Out in public when he knows he’s in the public spotlight? It makes no sense.”

The above-embedded video coverage of Orta’s arrest, which was broadcast back in August by CBS New York, notes that Orta’s mother Emily Mercado claimed that police had been following him ever since he filmed the video of Garner’s death. She said, “They’ve been following him. They’ve been sitting in front of my house, putting their spotlights in my window.” She called his video “something that needed to be shown, you know, that people needed to see.” Going further, she said, “I’m glad that he is the one that did it.” Back in August, Mercado said that Orta was placed on suicide watch following his arrest.

Orta’s lawyer Michael Zuntag pointed out the fact that no fingerprints were found on Orta’s alleged weapon. A DNA test is being conducted on the handgun to determine whether or not any samples are a match with Orta.

LOTFI: Rand Paul delivered the most incredibly bold Eric Garner statement

By Michael Lotfi Facebook | Twitter | LinkedIn

NEW YORK, December 3, 2014– On Wednesday, a grand jury declined to indict Officer Daniel Pantaleo, the NYPD officer who was caught on video placing Eric Garner in a choke hold in July following accusations against Garner over alleged sales of loose cigarettes. U.S. Senator Rand Paul (R- Ky.), the leading 2016 White House GOP contender, delivered a statement that transcends party politics and cuts straight to the meat of why Eric Garner died. Paul is blaming his colleagues (rightfully so), and he’s the only one bold enough to do it. 

Not even liberals at Huffington Post can resist the conservatarian Paul right now. Many of them are even saying they’d vote for the Tea Party-centric Senator over Hillary Clinton.

Follow Michael Lotfi: Facebook | Twitter | LinkedIn

Breaking: NYPD Officer Not Indicted In Death Of Eric Garner

New York- The New York Post is reporting that a grand jury has declined to indict Officer Daniel Pantaleo, the NYPD officer who was caught on video placing Eric Garner in a choke hold in July following accusations against Garner over alleged sales of loose cigarettes.

Garner, 43, died shortly after his altercation with Pantaleo and was heard on amateur video yelling “I can’t breathe” as Pantaleo placed him in a hold that was classified as a choke hold, which is a forbidden hold to use in the NYPD.

Garner’s death had been ruled a homicide by the city’s medical examiner. Garner’s family plans to sue the city for civil rights violations and wrongful death.

 

New York Grand Jury May Not Indict Officer Who Choked To Death Eric Garner

A grand jury is close to reaching a decision on whether or not to charge a New York City Police Department officer for killing African-American Eric Garner for selling cigarettes.

Though the case sparked nationwide outrage in July, some believe the officers involved may be cleared of wrong doing, as was the case with the Ferguson Police Department’s Darren Wilson.

Ben Swann discusses with Sunsara Taylor of World Can’t Wait.

NYPD Officer Who Allegedly Choked Eric Garner Has Already Cost City $30,000 For Unlawful Strip Search

New York- NYPD Officer Daniel Pantaleo, who was caught on video putting 43-year-old Eric Garner in an apparent chokehold resulting in death last Thursday over suspicion of selling loose cigarettes, has already been named as defendant in two civil suits that alleged improper police conduct including lying and false arrest.

A civil suit, settled in January, accused Pantaleo and several other officers of unlawfully stopping a vehicle operated by Morris Wilson in New Brighton back in March 2012. The lawsuit also alleged that Pantaleo and another officer had pulled down the pants and underwear of plaintiffs Darren Collins and Tommy Rice in public view in the middle of the day.

After the vehicle was stopped, passengers Collins and Rice were ordered out of the vehicle. Collins and Rice were handcuffed, and shortly afterwards Pantaleo and Officer Ignazio Conca “pulled down the plaintiffs’ pants and underwear, and touched and searched their genital areas, or stood by while this was done in their presence,” according to the lawsuit.

Collins and Rice were then taken by Pantaleo to the 120th Precinct station where they were strip-searched again, ordered “to remove all of their clothing, squat, cough and lift their genitals.” Wilson, the driver in the vehicle stop, took a plea deal after admitting to possessing drugs in his pocket. However, Jason Leventhal, the attorney for Collins and Rice, said that the officers were allowed to arrest everyone in the car because Pantaleo had falsely claimed that drugs were in plain view in the car.

“One of the fundamental, most important things a police officer needs to do is to tell the truth,” said Leventhal. “He has no right to strip-search anyone in the middle of the street.” 

Collins and Rice had been criminally charged after the arrest and search, but the charges were eventually dismissed. Both men received $15,000 from the city in the settlement.

The second lawsuit against Pantaleo remains open. There are few details, but plaintiff Rylawn Walker filed a suit in February accusing Pantaleo of arresting him despite “committing no crime at that time” and “not acting in a suspicious manner.” Walker’s lawsuit alleges that Pantaleo “misrepresented facts in the police reports and other documents that the plaintiff had committed offenses when in fact this was not true.”

Walker had been charged with marijuana-related offenses that were later dismissed.

The latest action from Pantaleo has spurred national outrage, as disturbing video was released that showed Pantaleo in plainclothes placing Eric Garner in an apparent chokehold and not letting go even after Garner, an asthmatic man, repeatedly pleaded with the officers surrounding him “I can’t breathe.” Police claim that Garner was selling “loosies”- single, untaxed cigarettes- and that Garner has been arrested for this in the past.

The man who took the video, 22-year-old Ramsey Orta, tried to intermediate and told police that Garner was not selling cigarettes but had actually just broken up a fight between three men. The officers did not appear to heed Orta’s account of the situation.

Additional video released on Saturday showed police surrounding Garner after he collapsed following the chokehold offering no medical assistance to the man. Garner was not given immediate CPR or oxygen when EMTs arrived, but rather loaded onto a stretcher and taken away. When a witness asked why CPR wasn’t being performed, an officer answered, “Cause he’s breathing.” Pantaleo is seen waving at the person recording the aftermath, while chatting with another officer.

Pantaleo has since been placed on desk duty with his badge and gun taken away while an investigation is underway. A second unnamed officer was placed on desk duty following Garner’s death but did not have his badge and gun removed. Two paramedics and two EMTs who were called to respond to Garner’s collapse were put on “modified duty” and banned from ambulance calls while an investigation into the response call ensues.

Garner’s son, Eric Snipes, expressed anger toward Pantaleo for the death of his father. “I want to ask the man that did it, ‘What made you choke him like that?’ What made him put his hand around his bare neck?” Snipes said.