Skwim
Veteran Member
Immaterial.But the choke hold was the first action taken
Only for 6-7 secondsand it was sustained even when the suspect was on the ground.
Watch the video.
Note that Gerard is first grabbed around the neck at the 39 sec. mark
It takes the police 10 seconds (49 sec, mark) to wrestle Gerard to the ground and fairly well immobilize him.
At the 55 sec. mark it's clear that the choke hold is no longer being applied. That's a total of 16 seconds the choke hold was being applied, and only 5-6 seconds while Gerard was on the ground.
At about the 54 sec. mark just before the choke old is released Gerard starts complaining that he can't breathe, which he then repeats about 8 or 9 times until about the 1'10" mark.
So he was complaining that he couldn't breathe for about 16 seconds. And note that at least half of these complaints were made at a decent volume---Gerard was exchanging air: breathing.
Not illegal, but a prohibited tactic by the New York City Police Department.Yes, there were other subsequent actions that seemingly contributed to his death, but the crucial point still remains that the choke-hold was done illegally.