Killing of Eric Garner facts for kids

On July 17, 2014, Eric Garner, a 43-year-old African-American man, was killed in the New York City borough of Staten Island by Daniel Pantaleo, a New York City Police Department (NYPD) officer, after the latter put him in a prohibited chokehold while arresting him. Video footage of the incident generated widespread national attention and raised questions about the use of force by law enforcement.

NYPD officers approached Garner on July 17 on suspicion of selling single cigarettes from packs without tax stamps. After Garner told the police that he was tired of being harassed and that he was not selling cigarettes, the officers attempted to arrest Garner. When Pantaleo placed his hands on Garner, Garner pulled his arms away. Pantaleo then placed his arm around Garner's neck and wrestled him to the ground. With multiple officers pinning him down, Garner repeated the words "I can't breathe" 11 times while lying face down on the sidewalk. After Garner lost consciousness, he remained lying on the sidewalk for seven minutes while the officers waited for an ambulance to arrive. Garner was pronounced dead at an area hospital approximately one hour later.

The medical examiner ruled Eric Garner's death a homicide. According to the medical examiner's definition, a homicide is a death caused by the intentional actions of another person or persons. Specifically, an autopsy indicated that Garner's death resulted from "[compression] of neck, compression of chest and prone positioning during physical restraint by police". Asthma, heart disease, and obesity were cited as contributing factors.

On December 4, 2014, a Richmond County grand jury decided not to indict Pantaleo. This decision stirred public protests and rallies, with charges of police brutality made by protesters. By December 28, 2014, at least 50 demonstrations had been held nationwide in response to the Garner case, while hundreds of demonstrations against general police brutality counted Garner as a focal point. On July 13, 2015, an out-of-court settlement was reached, under which the City of New York would pay the Garner family $5.9 million. In 2019, the U.S. Department of Justice declined to bring criminal charges against Pantaleo under federal civil rights laws. A New York Police Department disciplinary hearing regarding Pantaleo's treatment of Garner was held in the summer of 2019; on August 2, 2019, an administrative judge recommended that Pantaleo's employment be terminated. Pantaleo was fired on August 19, 2019, more than five years after Garner's death.

Reaction

Public

Chicago protesters protesting the Staten Island grand jury's decision, December 4, 2014

After the Staten Island grand jury did not indict Pantaleo on December 3, citizens in New York City and San Francisco gathered in protest, demonstrating with several die-ins, making speeches and rallies against the lack of indictment. On December 5, thousands gathered in protest on the Boston Common in Boston, and then marched in the downtown area, blocking traffic, especially on I-90, in addition to staging "die-ins." Protests also occurred in Chicago, Washington, D.C., Baltimore, Minneapolis, and Atlanta. At least 300 people were arrested at the New York City protests on December 4 and 5, most of them for charges of disorderly conduct or refusal to clear the streets, but two for assault on a police officer. On December 6, 300 protesters marched in Berkeley, California as well. On December 10, 76 protesters were arrested at Westfield shopping centre in Shepherd's Bush in west London, England, during a rally to show solidarity with rallies in the United States. Protesters have made use of Garner's last words, "I can't breathe", as a slogan and chant against police brutality since Garner's death and Pantaleo's grand jury decision. By December 28, at least 50 protests in support of Garner had occurred globally, and many other Black Lives Matter-related demonstrations had occurred.

Counter-protests were also launched in support of police, specifically for the NYPD. On December 19, during a New York City protest about the grand jury decision, supporters of the NYPD held a counter-demonstration, wearing shirts with the phrase, "I can breathe, thanks to the NYPD", on them, holding signs with phrases like "Bluelivesmatter", and chanting, "Don't resist arrest."

Garner's death has been cited as one of several police killings of African Americans protested by the Black Lives Matter movement.

Police

As a result of Garner's death, Police Commissioner William Bratton ordered an extensive review of the NYPD's training procedures, specifically focusing on the appropriate amount of force that can be used while detaining a suspect. Patrick Lynch, leader of the police union Patrolmen's Benevolent Association, challenged the claim that a chokehold was used, further stating that the union would be able to find many use-of-force experts who would also challenge the claim that a chokehold was used. Lynch also attributed Garner's death to resisting arrest and, "a lack of the respect for law enforcement, resulting from the slanderous, insulting, and unjust manner in which police officers are being portrayed." Edward D. Mullins, the head of the union representing police sergeants, called on members to slow down police response across the city by supervising every arrest. He also commented saying that the use of the term "chokehold" by the chief medical examiner's office was political. Police union officials and Pantaleo's lawyer argued that Pantaleo did not use the chokehold, but instead used a NYPD-taught takedown move because Garner was resisting arrest. Police also defended the decision not to perform CPR on Garner on the grounds that he was still breathing on his own.

An Indiana police officer sold T-shirts saying "Breathe Easy. Don't Break the Law." A veteran San Jose Police Officer, Phillip White, tweeted: "Threaten me or my family and I will use my God given and law appointed right and duty to kill you. #CopsLivesMatter," which sparked controversy.

Family

In an interview with CNN, Garner's daughter Erica felt that it was pride and not racism that led to the officer choking her father. Erica held a vigil and "die-in" on December 11, 2014, on Staten Island in memory of her father, near where he died. On her Twitter account, she vowed to continue to lead protests in Staten Island twice a week, lying down in the spot where her father collapsed and died. Erica Garner died on December 30, 2017, after suffering a heart attack at the age of 27.

One of Garner's daughters, Emerald Snipes, created a fund for his kids for Christmas, as Garner used to play Santa Claus. Garner's daughters Erica and Emerald, his widow Esaw, and his stepfather Ben Carr all went to the Justice for All March in Washington, D.C.

After the grand jury decision, when asked whether she accepted Pantaleo's condolences, Garner's widow angrily answered, "Hell, no! The time for remorse would have been when my husband was yelling to breathe." She added, "No, I don't accept his apology. No, I could care less [sic] about his condolences ... He's still working. He's still getting a paycheck. He's still feeding his kids, when my husband is six feet under and I'm looking for a way to feed my kids now."

Garner's mother, Gwen Carr, expressed surprise and disappointment at the grand jury decision.

Politicians

New York City Mayor Bill de Blasio called Garner's death a "terrible tragedy." De Blasio, at a July 31 roundtable meeting in response to the death, convened with police officers and political activists, called upon mutual respect and understanding. On August 1, in a statement, the mayor urged all parties involved to create a dialogue, and find a path "to heal the wounds from decades of mistrust and create a culture where the police department and the communities they protect respect each other." Mayor de Blasio has been criticized by activists for not firing the officers involved in Garner's death.

New York Governor Andrew Cuomo said that New York State should consider appointing a special prosecutor to handle cases of alleged police brutality. He told CNN: "We have a problem. Let's acknowledge it."

U.S. Attorney General Eric Holder said that the Department of Justice was "closely monitoring" investigations into Garner's death.

Two U.S. Presidents have expressed thoughts about Garner's death. Barack Obama addressed the grand jury's decision by making a speech, stating that Garner's death and the legal outcome of it is an "American problem". Obama also reacted by saying that Garner's death "speaks to the larger issues" of trust between police and civilians. Former U.S. President George W. Bush said he found the grand jury outcome "hard to understand" and "very sad" in an interview.

Rep. Peter King (R-NY) stated that, if Garner had been healthier, he would not have died after a police officer placed him in a chokehold. "If he had not had asthma, and a heart condition, and was so obese, almost definitely he would not have died from this." King added that there "was not a hint" that anyone used any racial epithets, and that if Garner were a "350-pound white guy, he would have been treated the same."

Celebrities

Shady Records recording artist Kxng Crooked aka Crooked I of Slaughterhouse recorded a tribute song for Garner titled "I Can't Breathe". The song was released exclusively through MTV News. Crooked used the same instrumental that was used for 2Pac's "Pain", with additional production added by Jonathan Hay. The cover art features an image of Garner being held in a chokehold by law enforcement officials.

After the grand jury declined to indict Pantaleo, professional athletes such as NFL players Reggie Bush, Ryan Davis, Cecil Shorts III, Marqise Lee, Ace Sanders, and Allen Hurns; and NBA players LeBron James, Kobe Bryant and the Los Angeles Lakers, Kyrie Irving, Kevin Garnett, Derrick Rose, Jarrett Jack, and Deron Williams, wore T-shirts bearing the phrase "I can't breathe" during pregame warmups. The Phoenix Suns also wore the shirts. President Obama and Attorney General Holder applauded James for wearing the shirt.

The Georgetown University men's basketball team wore "I can't breathe" shirts, as did the University of Notre Dame Women's Basketball team.

Realizing that Garner died the same way as Radio Raheem, a character from the film Do the Right Thing, film director Spike Lee also paid tribute to Garner by splicing footage of Garner's death with a clip from the film showing several police officers putting the character in a chokehold.

The title of Terence Blanchard's 2015 album Breathless was inspired by Garner's last words ("I can't breathe").

Matt Taibbi wrote the 2017 book I Can't Breathe: A Killing on Bay Street.

Civil lawsuit

In October 2014, Garner's family stated their intent to file a wrongful death lawsuit against the City of New York, the police department, and several police officers, seeking $75 million in damages. The parties reached a $5.9 million out-of-court settlement on July 13, 2015. Garner's widow had previously rejected a $5 million settlement offer.

State legislation

On June 8, 2020, both houses of the New York state assembly passed the Eric Garner Anti-Chokehold Act, which stipulates that any police officer in the state of New York who injures or kills somebody through the use of "a chokehold or similar restraint" can be charged with a class C felony, punishable by up to 15 years in prison. New York Governor Andrew Cuomo signed the police reforms, which he described as "long overdue", into law on June 12, 2020.

Popular culture

The single "Loyal Like Sid & Nancy" by Foster the People, released in 2017, includes the lyric "I can't breathe" and is partly a commentary about Garner's killing and Black Lives Matter.

In 2018, a crime-drama film was released under the title of Monsters and Men, whose main plotline depicts the death of a cigarette-selling black man at the hands of the police being filmed by an onlooker and grabbing wide attention upon release. Being inspired by a real story, and given the striking similarity with the incident, multiple film reviews considered the movie to be based on the death of Eric Garner.

See also

In Spanish: Muerte de Eric Garner para niños