Blurryeyed wrote:
You are correct, it is not illegal, but it is prohibited which supports the case for the cops negligence in this particular case. The choke hold had shown itself to be dangerous in the past, so much so that the NYPD had prohibited its use and has trained its cops not to use it. Here we have a cop that disregarded both policy and training and employed a prohibited tactic that resulted in death. For me a couple of things become evident, one the reason that the hold is prohibited is because the NYPD based on prior experience deemed it to be dangerous and life threatening, secondly the cop disregarded policy and therefore it is arguable that he behaved in a manner that most reasonable people would not have, a very key component in establishing negligence. There is no arguing against the fact that the man died at the hands of the cop, so when you combine the cops negligent disregard for policy and the death of the non-violent offender as a direct result of the cops disregard for policy, then you have a negligent homicide in my book... but I am not an attorney, I only play one in bars when meeting women... so what do I know?
You are correct, it is not illegal, but it is proh... (
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The prohibited hold was not a "chokehold" but a hold that put pressure on both carotid arteries, the police department found that this could easily slip into a chokehold and was prohibited by the department. The hold used in this case was considered a headlock, look at the closed hands. The deceased had no neck damage, no wind passage damage. The deceased died later on from heart failure.