NYC Council Bill Would Outlaw Police Chokeholds
Protesters rally against police brutality in memory of Eric Garner on Aug. 23, 2014, on Staten Island. (credit: Stan Honda/AFP/Getty Images)
NEW YORK (CBSNewYork) — The use of chokeholds by police would become illegal if a New York City Council bill is approved.
Councilman Rory Lancman’s measure, being introduced Thursday, would criminalize the controversial tactic, making the use of chokeholds a misdemeanor punishable by up to a year in jail, WCBS 880′s Rich Lamb reported.
“The (NYPD) commissioner and mayor have expressed their opposition to the bill, but this is the start of a process,” Lancman told Lamb. “Hopefully, we’ll be able to engage the mayor in dialogue. But if not, hopefully the legislation will be able to move forward.”
Lancman, D-Queens, noted that NYPD policy already prohibits chokeholds, adding, “We need to up the ante.”
Pat Lynch, president of the New York City Patrolmen’s Benevolent Association, said the legislation is another step toward making the NYPD passive and ineffective.
“This bill is a bill written by people that do not have any experience in law enforcement and what it’s like to go out and do the job and many times have to deal with confrontation,” he said.
The use of chokeholds by the NYPD made national headlines this summer after Staten Island resident Eric Garner died shortly after being placed in an apparent chokehold by an officer.
Garner, a 43-year-old father of six, had been stopped by police in July for allegedly selling loose, untaxed cigarettes.
In cellphone video of the incident, an officer is seen placing his arm around Garner’s neck and then taking him to the ground after Garner refuses to be handcuffed.
Garner is heard saying repeatedly, “I can’t breathe!”
Officer Daniel Pantaleo, the cop who was seen on video placing Garner in the apparent chokehold, and another unidentified officer were placed on modified reassignment pending the outcome of the case.
Four emergency workers were suspended without pay pending an investigation.
The medical examiner’s office ruled Garner’s death a homicide, caused by the officer’s chokehold as well chest and neck compressions and prone positioning “during physical restraint by police.” Asthma, heart disease and obesity were contributing factors, the medical examiner said.
A grand jury is weighing evidence in the case.
According to a September report by the Civilian Complaint Review Board, the NYPD received 1,100 complaints about chokeholds over 5 1/2 years, but only 10 cases were substantiated.
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