NY Post: NYPD judge recommends Daniel Pantaleo be fired over Eric Garner’s chokehold death
[Headline from DRJ]
Police Officer Daniel Pantaleo should be fired for the chokehold incident involving Eric Garner, an NYPD judge ruled. NYPD Deputy Commissioner of Trials Rosemarie Maldonado had been weighing whether Pantaleo, who a grand jury declined to indict and who the feds chose not to hit with civil rights charges, should face department discipline.
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Under NYPD rules, the verdict will now go to the Civilian Complaint Review Board, which prosecuted the case, according to Stuart London, Pantaleo’s lawyer. Each side will have two weeks to submit responses to NYPD Commissioner James O’Neill, who can go along with or overrule Maldonado’s verdict.
“This decision is pure political insanity. If it is allowed to stand, it will paralyze the NYPD for years to come,” Police Benevolent Association president Patrick Lynch said. “This judge ignored the evidence and trampled P.O. Pantaleo’s due process rights in order to deliver the result that the grandstanding politicians and protesters demanded.
— DRJ
Due process is different for shooting board proceedings, and the like. That is why Rosemarie Maldonado operates within the NYPD and submitted an opinion separate from the grand jury’s (that the incident did not merit indictment). And let’s not forget that the Commish can decide Judge Maldonado is full of **** and decide not to abide by her recommendation.
The question in front of the grand jury was, is there sufficient evidence to assume true bill (generally a corpus delicti)? The question in front of Judge Maldonado was, Did Officer Pantaleo conduct himself in a manner befitting an NYPD officer and adequately follow policy and procedures? These are separate issues, and I personally have no problem with holding police officers to a higher standard of behavior than Joe and Jane Q. Citizen.
Gryph (08c844) — 8/2/2019 @ 1:34 pmPBA is naturally pro-cop, but Lynch is right. This is politics, pure and simple. Andrew Branca covered the facts here quite well:
https://legalinsurrection.com/2019/07/video-analysis-doj-correctly-declined-civil-rights-charges-in-eric-garner-death/
The Garner death is a tragedy, but the officer seems to have acted reasonably, in my opinion. D.GOOCH
GOOCH (270456) — 8/2/2019 @ 1:58 pmWell, that only took them five years.
JVW (54fd0b) — 8/2/2019 @ 1:59 pmWell, first its insane that the officer is still dealing with this in 2019. Eric Garner died 5 years ago!. Second, for the 1,000th time, the officer was ordered to subdue Garner and he did. And he was not responsible for Garner’s death. That was a “Team effort”. Why this man is being picked on is beyond me. Charge the Sargent at the scene and the whole gang that subdued Garner or charge no one.
rcocean (1a839e) — 8/2/2019 @ 2:17 pmit’s a remnant of this relic of a bygone past,
http://www.iwf.org/blog/2810219/Baltimore-and-Blaming-Racism–
narciso (d1f714) — 8/2/2019 @ 2:22 pmThe cops don’t really have the option to walk away when someone blows them off as this guy did. So a man dead for this silly law.
Could just as easily been a dad saying that his daughter is not going to stop selling lemonade.
Harcourt Fenton Mudd (6b1442) — 8/2/2019 @ 4:25 pm