10 Things You Need to Know About the Cop in the Eric Garner Case

Barbara Boland | December 5, 2014
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There's quite a story to Daniel Pantaleo, the 29-year-old, eight-year-veteran of the New York Police Department a jury failed to indict on murder and reckless endangerment charges he faced in the death of Eric Garner.

Garner was a 6’4” 350 pound black Brooklyn resident and father of six who was arrested for allegedly trying to sell loose cigarettes in the street. His death was ruled a homicide. The medical examiner said “compression of the neck and chest,” along with his position on the ground while being restrained by police, caused his death.  

Here is what you need to know about Daniel Pantaleo:

1. City Paid $30K to Settle Suit He’d Strip Searched and Groped Two Men

 

 

On March 22, 2012, 45-year-old Darren Collins and 42-year-old Tommy Rice, who are both black, were pulled over while driving a car at 10 a.m. and told to vacate their car so they could be handcuffed, supposedly because he saw crack and heroin in plain view.

"Pantaleo and/or 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," says the lawsuit.

He conducted a “humiliating and unlawful strip search in public view,” and forced them to “pull their pants and underwear down, squat and cough.” After they arrived at the police station, they were subjected to a second strip search.

"One of the fundamental, most important things a police officer needs to do is to tell the truth," Jason Leventhal, an attorney for Collins and Rice, said. "He has no right to strip-search anyone in the middle of the street."

The city settled the lawsuit for $30,000.

2. He’s Been Sued for Wrongful Arrest, Case Still Pending

 

 

In another incident on February 16, 2012 Pantaleo is accused of arresting Rylawn Walker without cause and keeping him locked up for 24 hours. Walker claims Pantaleo manufactured misconduct in order to justify the arrest. The charges of marijuana-related offenses that Walker was arrested for were dismissed the next day, the lawsuit says.

Pantaleo “misrepresented facts in the police reports and other documents that the plaintiff had committed offenses when in fact this was not true,” the lawsuit says.

The case is still pending.

3. He Has a Third Lawsuit against Him Alleging False Arrest and Illegal Strip Search

Kenneth Collins, a 22-year-old from Staten Island, filed a lawsuit in November that says his rights were violated by Pantaleo and other police officers during a February 2012 arrest for marijuana. Kenneth Collins says he “was subjected to a degrading search of his private parts and genitals by the defendants,” according to documents filed with the court.

Just like the Walker case, the drug charges against Collins were dismissed and sealed a day after his arrest, USA Today reports court documents show.

According to Collins’ lawsuit, police officers falsely charged him in order to earn overtime pay from processing legal paperwork related to the arrest. Since cops are rewarded by superiors based on the number of arrests, Collins’ lawsuit alleges that this was another motivation.

This case is also still pending, as city attorneys have yet to file a response.

4. The NYPD Forbids Use of Chokeholds

The NYPD Patrol Guide states:

“Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.”

The NYPD banned chokeholds completely when five officers were put on trial for killing a 21-year-old by “traumatic asphyxia” in 1993, the Washington Post reports.

5. What is a Chokehold?

According to the New York Law Journal:

“In a chokehold, the person executing the maneuver wraps an arm around the victim's neck and limits or cuts off either the flow of air by compressing the windpipe, or the flow of blood through the carotid arteries on each side of the neck.”
 

 

6. Eric Garner Died from ‘Compression of the Neck,’ the Autopsy Says

From NY Daily News:

“The autopsy also found that compressions to the chest and “prone positioning during physical restraint by police” killed Garner. The manner of death, according to the medical examiner, was homicide.”

The medical examiner also said that Garner's acute and chronic bronchial asthma, obesity and hypertensive cardiovascular disease were contributing factors.

7. He Didn’t Mention Chokehold in his Report to Investigators

From a report in the NY Daily News:

8. He’s Been Stripped of Gun, Badge and Put on Desk Duty

Pantaleo’s badge and gun were taken away, and he was put on a desk job, reported the New York Times. He is still serving in that desk job.

9. He May Still Face Disciplinary Action

A police disciplinary proceeding could be initiated against Pantaleo to determine if there was a violation of internal guidelines and rules. However such proceedings are “often delayed by state criminal proceedings” and also by federal investigations like the one the Justice Department opened against Pantaleo, reports The New York Times. A police source told the NY Post that Pantaleo was likely to be disciplined after a departmental trial.

10. The DOJ has Opened its Own Investigation

The Justice Department probe will look for potential civil rights violations in Eric Garner’s case, reports Fox News.

 

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