When the man uttered "I can't breathe" nine times (I heard 11 times on the Kelly File last night) that's where I have a problem.
When LE decides to arrest, subdue, and restrain a person they take away all rights to self defense. When you take that right away you then take responsibility for the person's welfare.
There is and should be the obligation of an arresting officer(s) to insure that no harm comes to someone once they are subdued and restrained. They should have cuffed him and then sat him up so he could breathe.
If the cops would have made an effort to render aid, help the man breath, and he still died ... I wouldn't have a problem with it.
There were a lot of things that were done wrong from a policy/administrative point of view. And that video is never going to be used as a demonstration for using a level of force that is consummate to the threat.
But that is not what the Grand Jury is there to determine. They are there to determine if a criminal prosecution should be sought.
It is very clear that the case was not prosecutable in the state of NY.
Travis
In those words you've brought up the issue I have.
Was there an excessive use of force?
I don't know if this was something that the GJ considered in reaching their conclusion to not indict.
In my mind I'm not clear that there wasn't an excessive use of force and I have questions regarding the obligation to ensure the welfare of a man in restraints.
