one leo's opinion on garner's arrest

A law enforcement look into the arrest of Eric Garner

This is one law enforcements officer’sinterpretation of the events leading tothe arrest of Mr. Eric Garner.

Facts that could be cited, were.Opinions, were not

PBA president Patrick J. Lynch said:“Videotapes never present all of the facts in a situation. They

never capture the criminal act or offense that brings police

action to the scene. They present an isolated period of a

police interaction but never the entire scenario. That’s why it

is necessary when video tapes surface to have a complete

review of the facts in every case before arriving at any

conclusion.”

Force Continuum Example

The Use-of-Force Continuum

Most law enforcement agencies have policies that guidetheir use of force. These policies describe a escalatingseries of actions an officer may take to resolve asituation. This continuum generally has many levels, andofficers are instructed to respond with a level of forceappropriate to the situation at hand, acknowledging thatthe officer may move from one part of the continuum to

another in a matter of seconds.

http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/Pages/continuum.aspx

Level 1Officer’s

Mere Presence

Officer Presence — No force is

used. Considered the best way toresolve a situation.

http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/Pages/continuum.aspx

Level 1Officer’s

Mere Presence

Level 1Officer’s

Mere Presence

Both Police Officers speak to Mr. Garner withshields hanging from a chain around theirnecks. Additionally, at least one firearm isvisible, along with one pair of handcuffs.

Level 2Verbal Commands,

Touch

Verbalization- Officers may

increase their volume and shortencommands in an attempt to gaincompliance.

http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/Pages/continuum.aspx

Level 2Verbal Commands,

Touch

After being told he is under arrest Mr. Garner’s posture changes rapidly.

Shoulders rolled forward, chin down, feet shoulder-widthapart, hands down at his side.

Level 2Verbal Commands,

Touch

After being told he is under arrest Mr. Garner’s posture changes rapidly.

Hands and chin slightly raised,and lips pursed.

Note the excessive perspiration stain on Mr. Garner’s chest. An indication his health may already be deterioratingfrom the fight he allegedly just broke up.

Level 2Verbal Commands,

Touch

After being told he is under arrest Mr. Garner’s posture changes rapidly.

Hands on hips in defiance and verbally states “I’m tired of it, it stops today.”

Note the excessive perspiration stain on Mr. Garner’s chest. An indication his health may already be deterioratingFrom the fight he just broke up.

Level 3 Pain Compliance,

Take downs

Officers use grabs, holds and joint locksto restrain an individual.

http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/Pages/continuum.aspx

Officers use punches and kicks to restrain an individual.

Level 3Pain Compliance,

Take Downs

Wrist grab could have been developed into an arm bar to gain compliance but Mr. Garner was able to pull away from the officers grip.

Cuff control: applying a handcuff insuch a way that leverage is gainedwith minimal pain to the perpetrator.Mr. Garner prevented the applicationof handcuffs when he actively resisted.

Level 3Pain Compliance,

Take Downs

After pulling away from the first officer,the second officer attempts to place Mr. Garnerin a wrist lock. At the same time the first officerabandons his attempts to gain control of Mr. Garner’sarms and attempts to gain leverage of his upper body.

Level 3Pain Compliance,

Take Downs

Notice the further officer has his right armunder Mr. Garner’s armpit and his left wristis barley able to make it around Mr. Garner’sneck.

Rather than striking Mr. Garner, the officeropted to use Mr. Garner’s weight againsthim. Grabbing him up high and leveraginghis weight to bring him to the ground.

Level 3Pain Compliance,

Take Downs

As Mr. Garner actively resists arrest, the officermaintains control of Mr. Garner’s upper body.Notice the officer’s elbow is even with Mr. Garner’s left shoulder.

Mr. Garner’s center of gravity has shifted. His ownweight, and the officer’s tactical application of leverage has enabled the officer to take downa man almost double his size.

Level 3Pain Compliance,

Take Downs

The officer rides Mr. Garner to the ground allthe while maintaining control of his upperbody. Notice the “V” formed by the inside of the officers left elbow is visible and inches away from Mr. Garner’s neck.

Other officer’s assist in attempting to placeMr. Garner in handcuffs again.

Level 3Pain Compliance,

Take Downs

Additional officer arrive to assist as Mr. Garnercontinues to resist. The officer wearing 99 continues to maintain control of Mr. Garner’s upper body, as he had since the beginning of this incident.

The officer is not rubbing or “mushing” Mr. Garner’sface, he is maintaining control of his upper body.

Just as this officer is using his hands to control99’s body.

Level 3Pain Compliance,

Take Downs

The officer never knees Mr. Garner in the face, nor does he place his knee on Mr. Garner’s neck

Level 3Pain Compliance,

Take Downs

After Mr. Garner is placed in handcuffs and searched for weapons, he is rolled to his side to prevent positional asphyxiation.

Yelling I can’t breath isn’t a “Safe word”If the police automatically let go every timesomeone said I can’t breath, what would happen?

FactThe officers explained to Mr. Garner he was being placed under arrest

Mr. Garner acknowledged he was dealing with Police Officers and madeit clear he was not going to jail

The officers dedicated at least 5 minutes to art of verbal judo in an attemptdiffuse the situation.

Mr. Garner passively, then actively resisted

Once sirens are heard in the background and help is nearby, theofficers move in to effect the arrest

FactTwo arm bars/wrist locks were attempted

Cuff control techniques failed

Leverage was gained by controlling Mr. Garner’s upper body

The officer wearing number 99 was able to use Mr. Garner’s weight against him,shifting his center of balance, and riding him to the ground

The initial placement of the officers hands and arms were around Mr. Garner’sarmpit and to the left side of his neck

After getting Mr. Garner to the ground the officer continues to maintain controlMr. Garner’s upper body until he is secured

FactThe Police didn’t prevent this incident from being filmed

Civilians do not get to choose if and when they go to jail

Mr. Garner’s actions dictated to amount offorce that was used against him