Eric Garner's Autopsy Released, Shows Cop Facing Trial Didn't Kill Him

The Patrolmen's Benevolent Association has announced that they have finally obtained Eric Garner's autopsy report.

New York, NY - After years of fighting to prevent the release of Eric Garner's autopsy report, the city was finally required to disclose the report, and it shows that there was no damage to Garner's neck.

Lawyers for Officer Daniel Pantaleo have tried for years to get a copy of the autopsy report, according to the New York City Patrolmen's Benevolent Association (PBA).

The city had been able to successfully block the release of the report, but that changed now that Officer Pantaleo is set to go on a disciplinary trial after the city's Civilian Complaint Review Board charged him with excessive force violations.

The disciplinary charges come after a Grand Jury already refused to charge Officer Pantaleo and federal authorities have refused to take action against him for years.

According to the PBA, the autopsy report "demonstrates conclusively that Mr. Garner did not die of strangulation of the neck from a chokehold which would have caused a crushed larynx (windpipe) and a fractured hyoid bone. The report notes that Mr. Garner’s windpipe and hyoid bone were both intact."

"This case demonstrates the danger that is inherent in pre-judging incidents absent all of the information that must be considered in order to come to a truthful and accurate conclusion," PBA President Patrick J. Lynch said. "The death of Eric Garner was tragic and we feel for the family’s loss, but there has been a false narrative built against PO Pantaleo by the emotion on the street instead of the facts. Sadly, Mr. Garner’s health was so poor that it is highly likely that if he had decided to flee police instead of fighting them, the end result would have been the same. The exertion and stress would have overcome his already seriously ill body and would have resulted in his death."

"In retrospect, PO Pantaleo used the least amount of force necessary to effect this arrest," Lynch added. "Letting Mr. Garner go free was not an option because he was a repeat offender against whom there were more complaints of illegal activity from the community. The officer did not hit Garner with his hands, he did not strike him in any way nor did he draw his weapon in order to gain compliance with a lawful order. He did not use pepper spray or any other more forceful method to take Mr. Garner into custody. He simply used leverage against a much larger, much stronger man to bring him to the ground in order to complete the arrest."

"PO Pantaleo did precisely what he was trained to do in the Police Academy and that was to use as little force as is necessary to gain compliance," Lynch concluded. "In view of this new information and in consideration of an unsolicited, published medical assessment of what occurred that tragic day by a doctor who specializes in surgery on morbidly obese patients, all disciplinary charges against PO Pantaleo should be dropped immediately and he should return to work.”

The New York Police Department announced in July that it would no longer wait for the Department of Justice to complete its investigation into the 2014 death of Garner.

Although the department generally waits for federal prosecutors to conclude their investigations into allegations of civil rights violations before opening an internal probe, this matter has gone on far longer than usual, the Charlotte Observer reported.

"Based on our most recent conversations, it has become clear that a definite date by which time a final decision by the U.S. DOJ will be rendered in this matter cannot be predicted," NYPD’s Deputy Commissioner of Legal Matters Lawrence Byrne wrote in a letter to DOJ Deputy Chief Paige Fitzgerald at the time.

“The NYPD has come to the conclusion that given the extraordinary passage of time since the incident without a final decision on the US DOJ’s criminal investigation, any further delay in moving ahead with our own disciplinary proceedings can no longer be justified,” the letter read.

Garner was arrested by NYPD officers on July 17, 2014, after police stopped him for selling individual, untaxed loose cigarettes on a city sidewalk.

He resisted arrest and fought with officers who struggled to take the 350-pound man into custody.

In the process of subduing Garner, video taken by witnesses showed that Officer Pantaleo had his arm around Garner's neck, and pressed his face against the sidewalk.

Garner repeatedly told officers “I can’t breathe,” a phrase that became a rallying cry for Black Lives Matter in the months that followed.

Officer Pantaleo later said he tried to use a “seatbelt maneuver” on Garner, and did not mean to put the much larger man into a choke hold.

Garner lost consciousness on the sidewalk, and died in the hospital an hour later from a medical emergency.

Garner's autopsy report determined that he died of a medical emergency induced by officers who were arresting him. The medical examiner declared it was a homicide.

A New York Grand Jury declined to indict on any criminal charges.

The federal inquiry that has dragged on for years has split the Justice Department in half between those who want to go after the officer and those who think success with the case would be impossible, according to The New York Times.

Former prosecutors who have worked on building a case over the past almost four years have complained that the team from the Federal Bureau of Investigation (FBI) who did the initial investigation didn’t believe Officer Pantaleo had done anything wrong, and so didn’t properly investigate, according to The New York Times.

In 2015, Garner’s family received $5.9 million from the city to settle their wrongful death claim, the Charlotte Observer reported. That settlement prevented a lawsuit which would have resulted in an earlier release of the autopsy report.

Comments (83)
No. 1-31
LEO0301
LEO0301

Well, well, well...isn't this interesting. I guess the moral to the story is not to fight with the police if you're morbidly obese (remember that @Burgers Allday). That is unless you happen to live in NYC and want your family to win the ghetto lottery.

beowulf
beowulf

The the criminals here are those bureaucratic tyrants who created the law that criminalizes some poor son of a b**** who's trying to make ends meet selling a few cigarettes on the street.

THEDUKE
THEDUKE

Mr. Garner would likely still be alive if he understood the simple directive "comply" or "put your hands behind your back"...Yes, he absolutely deserved to still be alive but no way was this situation worth 5.9 million. His refusal to abide to several prior verbal warnings , his own stubborn disposition, his bravado, and refusal to do as directed when being apprehended is what killed him. May he now RIP.

jinx73
jinx73

i watched that video and when the EMS arrived,they did nothing,just stood around talking,no vitals,no oxygen.there was an outcry about that,rightfully so.Officer Pantaleo had several lawsuits settled because of his actions toward innocent men walking down the street NOT breaking any laws.i am pro cop but this Officer is a power crazy punk.

axelpanic
axelpanic

everything I've read is that he died on the way to the hospital in the middle of a heart attack... so why is it homicide?

Da$
Da$

The scumbags who approved 5.9 million should be sitting in prison w Madoff. There was ZERO fault by the officers, or the city. No wonder the asshats fought the release of the autopsy. The sad part, the way the majority of New Yorkers vote now, they prob love wasting 5.9 more million of the city's insurance money. I'm embarrassed as a N.Y. native. Damn different pathetic world there now. Electing embrassing psycho socialists and hiding autopsy findings to further racial discord.

JohnPollastro
JohnPollastro

Gold Diggers jumping to the wrong conclusion again. 🖕🏼

Will0352
Will0352

Maybe the city should sue for that ghetto lotto money to be returned since there was no wrongful death. It's obvious (was then but crystal clear now) that he died because of his lack of personal healthcare.

jimmyfboyd1234
jimmyfboyd1234

No settlement should ever be paid until all other matters have concluded,they would have never seen a dime from tax payers then

zanzul
zanzul

Everyone's quoting how he didn't die from strangulation from the chokehold as it would have caused a crushed larynx and a fractured hyoid bone...AND...he should have never been placed in a chokehold in the first place. The NYPD banned its use in 1993 (https://www.nytimes.com/1993/11/24/nyregion/kelly-bans-choke-holds-by-officers.html). Furthermore, he was approached on suspicion of selling loose cigarettes! Yes, I know that is technically against the law, but c'mon really? Speeding is breaking the law but are are you not given a citation? Why was he not given a citation? Him selling loose cigarettes put no one's life in danger or the possibility of being in danger unlike the former.

He should have been given a citation which would have avoided him being put in a banned chokehold which, combined with prior health conditions, led to his unfortunate death.

sfox
sfox

Time to start suing the families of thugs for murdering law Enforcement!

2bears
2bears

Fuking NYC are idiots, I wouldn't have paid a cent until the investigation was complete!

Burgers Allday
Burgers Allday

The hyoid is the U-shaped bone of the neck that is fractured in one-third of all homicides by strangulation. On this basis, postmortem detection of hyoid fracture is relevant to the diagnosis of strangulation. However, since many cases lack a hyoid fracture, the absence of this finding does not exclude strangulation as a cause of death.

Obie52
Obie52

The City should sue the family and get the money back.

Grog
Grog

Well, well, well...... The truth comes out. No wonder the city didn't want the autopsy released. Had he died of strangulation, her would have been DRT (Dead Right There) not an hour later at the hospital. Now the family should have to return the money. There was NO wrongful death!

J10107
J10107

All the slob had to do was move his fat ass from in front of the store who called the police several times on this same POS !!!

The dim-witted have to start taking responsibility for their own actions.

He did it to himself, RIP, but his name is not a call to arms to anyone, but the STUPID !!!

joaquinradioman
joaquinradioman

I am tired of cities using taxpayer money to pay family's of these thugs who die because of their decision to fight police instead of doing what they're told..and selling individual cigarettes for money instead of getting off his lazy ass and getting a real job...come on!!!

LordSeamus
LordSeamus

If I was that cop, I'd go elsewhere for a job and sue the hell out of everyone <including BLM, the family , the city, etc> for the suffering he and his family have gone thru all these years.

Paul Kersey Jr.
Paul Kersey Jr.

Still, at The End of The Day, a man is dead because of UNTAXED CIGARETTES. How free do YOU feel? 'Murica!

Trooper11
Trooper11

First of all my prayers are extended to the law enforcement officers that work not just in NYC but all across America today! It’s crazy how a situation like this can happen yet when “thugs” on the streets kill a law enforcement officer where’s the $5.9 million to the widow? We all the that the widow will never see anything like that! Another issue the newspaper publishing the story about this man be careful I can almost rest assure you this family has blown through that money and they want more and if they see anything at all in the article they’ll go running to their attorney! I can’t believe there aren’t enough jobs in NYC for this man to be able to have found some type of employment, whether it was washing dishes, delivery food (after getting his license), delivering mail on a bike (would have been exercise), there had to have been something for him other than him choosing panhandling.

Buttermilk
Buttermilk

The moral of the story is that if you are confronted by the police simply comply with their requests and it won't become physical so if you are arrested then don't resist. Baltimore paid millions to the family of Freddy Gray and the Policeman were found not guilty of wrong doing. NYC paid millions to this guys family while they refused to release the autopsy report that revealed the truth of his unfortunate death. These two cities are lead by the same type of political incompetence yet people keep voting them into office. Both of these cities send their police out to do their jobs and both throw their police under the bus because of optics and political BS! As for the cop in this case, he needs to go back to work and then file a lawsuit against NYC and when he wins he should move on. This is not a good time to be a policeman in any large city where the city father's are anti-police!

61mouse
61mouse

It's not going to matter to the HATERS ,because they already convicted the cop .

KKKlan
KKKlan

Illegal choke hold. Asphyxiation lack of oxygen to the heart and brain. Cardiac arrest. Result death by homicide.

NomonK
NomonK

To many times police get a bad rap but its caused by a small group of bad cops. It's very important for the police to police themselves. Don't let the bad cops continue.

Magillacuddy
Magillacuddy

This video shows he did

GForce48
GForce48

It won't matter to those who peddle hate and encourage lawlessness because it doesn't fit their made up narrative!

The Best Wes
The Best Wes

It won't matter to those who blindly push the narrative to demonize police.

TheDude
TheDude

The outcome of the incident is tragic but could have been entirely avoided if A. don't break the law and B. be compliant be be compliant

RunCop
RunCop

Lowest common denominator POS!

RunCop
RunCop

Ghetto lottery....

SGT_moore_USA
SGT_moore_USA

The man knew he was sick, he resisted arrest because he had no life insurance so his family could have money for his death. I say the city should sue the family for the money back.