Close analogy but no ceegar, but maybe my ignorance of the law is showing, but it is my understanding that a DA can remand a case to trial WITHOUT a Grand Jury process and if they can't then my point has no merit. As far as the Grand Jury is concerned, just the "I cant breathe" supplication and the officer still kept the choke hold, plus the fact his death was ruled a homicide, let's just say, I'm glad I wasn't part of that GJ.
What a subject says has nothing to do with criminal prosecution.
The choke hold is a legal technique in the state of NY. Same as OC. If a subject says "I can't breathe" after being sprayed (they will) that doesn't mean anything. It only means he is experiencing the affect of OC.
As an aside, (and yes this would be presented by an expert witness) you can't repeatedly say "I can't breathe" if you can't breathe.
Travis
do you think it would make a difference had he said "I am having a heart attack" or "I'm choking" or "my pacemaker battery is disconnected?" (admittedly that last one was odd but I'm trying to show a sense of urgency here).
I guess my point is - once he was once the ground in that position, is there anything he could have said that made the cops immediately stop following thru with their subduing him to alleviate the stress he was under?
Last edited by KFWA; 12/04/14.
have you paid your dues, can you moan the blues, can you bend them guitar strings
