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Garner Incident-if you can say "I can't breathe," guess what you can breathe

ChristineES

Tiggerism
Premium Member
They could have restrained him without resorting to choking him or cutting off his blood supply (I heard from one news agency that they did that). Since the coroner said he died of asphyxiation, then that trumps all what the various news agencies said. At my son's school, they used to have to restrain certain students (this was a class for autistic children and they were teenagers at the time). They would restrain the student but the student was never harmed. Some of these teens got pretty large, larger than the teachers.
 

Thief

Rogue Theologian
They could have restrained him without resorting to choking him or cutting off his blood supply (I heard from one news agency that they did that). Since the coroner said he died of asphyxiation, then that trumps all what the various news agencies said. At my son's school, they used to have to restrain certain students (this was a class for autistic children and they were teenagers at the time). They would restrain the student but the student was never harmed. Some of these teens got pretty large, larger than the teachers.

Restraint is ...cuffed.
They won't stop til the cuffs go on.

Let's bear in mind the law breaker's size....and his mind set.
 

ChristineES

Tiggerism
Premium Member
Restraint is ...cuffed.
They won't stop til the cuffs go on.

Let's bear in mind the law breaker's size....and his mind set.
There was one student at my son's school who was over six feet tall and weighed about 250 lbs. These were female teachers, there were only two male teachers at the entire school.
 

Thief

Rogue Theologian
There was one student at my son's school who was over six feet tall and weighed about 250 lbs. These were female teachers, there were only two male teachers at the entire school.

And the 'unruly' fellow was friendly?...or just out of control?

Or was set about not getting 'touched'?
 

ChristineES

Tiggerism
Premium Member
And the 'unruly' fellow was friendly?...or just out of control?

Or was set about not getting 'touched'?
If you have to ask that, you don't know much about autism. The majority of autistic people don't like being touched. and they were totally out of control: Including screaming, throwing things, hitting people, etc.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
That doesn't make it illegal. If true, it would make it prohibited by the police department.

To be illegal, there has to be an actual law against it.
S 120.25 Reckless endangerment in the first degree.
A person is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a grave risk of death to
another person.
Reckless endangerment in the first degree is a class D felony.

Article 120 NY Penal Law | Assault Menacing Stalking |NY Law
 

MysticSang'ha

Big Squishy Hugger
Premium Member
If you have to ask that, you don't know much about autism. The majority of autistic people don't like being touched. and they were totally out of control: Including screaming, throwing things, hitting people, etc.

Exactly. Spectrum Disorder puts autists at a disadvantage when it comes to sensory overload. Too much noise, or lights/colors, or touch, etc. is threatening to them. I think overall parents of kids with autism for years have found the knack in de-escalating situations without resorting to physical restraint.
 

Thief

Rogue Theologian
If you have to ask that, you don't know much about autism. The majority of autistic people don't like being touched. and they were totally out of control: Including screaming, throwing things, hitting people, etc.
I was being rhetorical....for your sake.
But since you seem to want pursuit.......

The dead man got dead for his own misbehavior.

When you hear the words ...you're under arrest.....
DON"T wave your hands at the cops.
DON'T say....don't touch me.

Go quietly to jail.

I think your comparison of control point is poor.
A large man with intent of resistance can be a problem.
He will not be allowed to walk away.

Any black belts among your autistics?
Any criminals among them?
People WITH control will be controlled....by people with greater ability.

Confused?
 

Shadow Wolf

Certified People sTabber & Business Owner
Let's bear in mind the law breaker's size....and his mind set.
His size only matters in that police, who are supposed to be physically fit, should have easily been able to restrain him without choking him. As big as he was, chances are very good he would have worn himself out quickly. People that size may have more weight behind them, but it's also generally very easy to use the weight of someone that size against them.
Hell, a leg sweep would have got him down probably even easier that a choke hold.

When you hear the words ...you're under arrest.....
DON"T wave your hands at the cops.
DON'T say....don't touch me.

Go quietly to jail.
Him resisting is no justification to kill him. Porkie used an illegal choke hold, porkie killed a man, now porkie is entitled to his trial. There is absolutely NO reason he should have used that hold on Garner.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
I was being rhetorical....for your sake.
But since you seem to want pursuit.......

The dead man got dead for his own misbehavior.

When you hear the words ...you're under arrest.....
DON"T wave your hands at the cops.
DON'T say....don't touch me.

Go quietly to jail.

I think your comparison of control point is poor.
A large man with intent of resistance can be a problem.
He will not be allowed to walk away.
IOW, comply or die.

Is this the sort of policing that YOU want?
 

Thief

Rogue Theologian
I have seen a report on Garner's arrest record......
He was a bad boy.

Approaching a large fellow with such background....I would expect resistance.
I would not know his medical condition....and would not care.
His demeanor and his background bring caution.....and firm action.
 

Thief

Rogue Theologian
Garner might've been a dirtbag, but we dirtbags deserve cops who obey their own policies.

I will always rebuttal.....the choke hold was a take down....
I see no intent of killing the large guy.
It was simply misfortune the big guy was not healthy enough.
 

Revoltingest

Pragmatic Libertarian
Premium Member
I will always rebuttal.....the choke hold was a take down....
I see no intent of killing the large guy.
It was simply misfortune the big guy was not healthy enough.
I don't believe killing was the intent either.
But to use an illegal chokehold was intended. This & the consequences require prosecution, or at least remedy in tort.
 

Revoltingest

Pragmatic Libertarian
Premium Member
I suspect you will be disappointed.
Tort action looks likely with such a strongly evidenced case. And where's a whiff of money, there will be lawyers.
lionelhutz.gif

I make fun of lawyers, but in this case I hope they gut the finances of that police department. It's how they'll learn.
 
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