In the wake of the decision of a New York grand jury not to indict 
police officer Daniel Pantaleo in the choking death of 43-year-old 
unarmed Black peddler Eric Garner, New York City Mayor Bill de Blasio 
called Garner's death "a terrible tragedy"
 and pledged to continue to explore ways to curb the use of excessive 
force by police. It was the kind of statement in both style and 
substance that protesters in Ferguson, Missouri wanted to hear from 
politicians in the aftermath of the non-indictment of police officer 
Darren Wilson in the killing of unarmed Black teenager Michael Brown. 
Then again, New York has had far more practice in apologizing for 
unchecked police brutality. This explains why to some de Blasio's words 
ring hallow. The New York City police actually banned the very hold that
 resulted in Garner's death more than two decades ago.
Given the 
current discussion on ways to restore harmony to police-community 
relations, it is worth revisiting this history. In November of 1993, the
 New York City Police Department officially banned the use of 
chokeholds. Explaining the decision, the department's Chief of the 
Office of Management, Analysis and Planning John F. Timoney stated what 
should have been obvious, "We are in the business of protecting life, 
not taking it." 
"The bottom line," he continued,
 "is that if somebody is emotionally disturbed, they really need police 
help and we should render it in the most humane and professional way 
possible."  
It is difficult to read those words and not to think 
of the video of Eric Garner clearly pleading for his life with the 
officers who took him down in a violent tussle. "I can't breathe," he 
muttered nearly a dozen times before he lapsed into unconsciousness with
 policeman Daniel Pantaleo's arm still wrapped around his neck. He never
 revived. At the very least, the use of the banned chokehold warranted 
an indictment. 
At the time of the department's decision to ban 
the chokehold, there was an ongoing national debate over the use of 
excessive force by law enforcement. In 1980, for instance, Los Angles police banned chokeholds
 in advance of several wrongful death lawsuits and in response to 
growing public outrage particularly in Black and Brown communities over 
the number of deaths associated with police use of deadly holds.
Despite
 a sharp increase in the number of people killed by New York police 
administering similar holds, the city managed to avoid the issue until 
1985 when police officials issued a pronouncement carefully outlining 
new guidelines for the appropriate use of such submission grips.
 The order, which defined chokeholds as "potentially lethal and 
unnecessary," outlawed their use with one exception "when an officer's 
life was in danger." Even then the deadly maneuver was only to be 
applied as a last resort and as the "least dangerous alternative method 
of restraint." 
Nevertheless over the next eight years, the 
killings continued. One of the touchstone cases involved 21-year-old car
 theft suspect Federico Pereira who died after police officer Anthony 
Paparella placed him in a chokehold in the wee hours of the morning of 
February of 1991. Pereira's slaying was particularly barbaric. After 
police discovered him sitting in a stolen car, he was placed faced down,
 rear-cuffed and hogtied. Paparella then according to the prosecutor in the case "pulled back on his neck and choked him." 
An
 autopsy later revealed that Pereira died of "traumatic asphyxia." 
Police originally filed charges against five officers in Pereira's 
death. When a new District Attorney swept into office that spring 
however, he threw out the charges against four and reduced the charges 
against Paparella to manslaughter.  Much to the Pereira family and the 
community's dismay a trial judge acquitted Paparella of any wrongdoing 
in 1992. 
His death, however, seemed not to have been a beacon for
 change when the following year, with tensions in the city still 
simmering, officials amended the 1985 chokehold protocol. While police 
Commissioner Raymond Kelley attempted to frame the modification as more 
of a clarification than a wholesale revision, the change was 
nevertheless substantive. The 1993 amendment outlawed chokeholds without exception. 
Fast
 forward to the summer of 2014 when Eric Garner had the misfortune of 
encountering Officer Daniel Pantaleo and other police officers on a warm
 July afternoon. Allegedly, Mr. Garner peddled illegal smokes. It was, 
hardly the type of crime that justified deadly force--especially not 
deadly force in the form of a lethal and illegal chokehold. Yet on clear
 cell phone video, millions of people worldwide watched and re-watched 
Eric Garner's life extinguished literally at the hands of Officer 
Pantaleo.
So why did the Grand Jury considering charges against 
Pantaleo fail to indict? Perhaps for the same reason the Grand Jury in 
Ferguson, Missouri failed to indict police officer Darren Wilson in the 
killing of Michael Brown. Despite overwhelming evidence to the contrary 
they, like many others,   identified more with the authorities who did 
the killing than their unarmed victims. 
One of the words most 
often used to describe Black and Brown "suspects" from Trayvon Martin to
 Eric Garner to Michael Brown is "thug." In the narratives spun to 
explain their ignominious deaths and despite the menial nature of their 
transgressions, they become larger than life representations of all the 
fear and negativity associated with the inherent assumption of 
criminality that accompanies the use of the word.
Their killers, 
on the other hand, are portrayed as the last line of defense between the
 law-abiding public and Black and Brown "thugs" waiting to prey on them.
 They enjoy a degree of empathy as the "thin blue line" often described
 as "the barrier between anarchy and a civilized society, between order 
and chaos, between respect for decency and lawlessness and for a many 
people of color, victimized by laws such as stop and frisk and racial 
profiling, the line between Black and white. 
Significantly in the
 graphic representation, the thin blue line is embedded in a Black 
background meant to serve from the officer's perspective as a "constant 
reminder of our fallen brother and sister officer." What it has come to 
represent for many people of color in the United States is presence of 
police as an occupying army, present not to serve and protect, but serve
 as judge, jury and executioner, on Black and Brown bodies in public 
spaces. Rightly or wrongly, this view is reinforced every time the very 
persons entrusted to ensure safety and security take the life of another
 person of color. 
Predictably, critics of this view attempt to 
shift the discussion to the high rate of Black on Black crime and the 
difficult position police face in patrolling neighborhoods where such 
crime is prevalent. They fail to appreciate the cyclical nature of the 
problem as one of poverty and mistrust  with deep historical roots often
 fed by police misconduct in failing to appreciate the humanity of the 
people in the communities they patrol. While communities of color have 
tried to make this clear, the larger society remains fixated on crime 
and the "thin blue line." The explosion in gun sales in Ferguson, 
Missouri in advance of the Grand Jury's verdict in the Darren Wilson 
case is indicative of this.
Several theories have been floated 
about the New York Grand Jury's decision not to indict. Officer 
Pantaleo's remorseful testimony before that body remains the most 
compelling. In spite of the video evidence and the testimony of other 
eyewitnesses, Pantaleo was able to confirm what we all desperately want 
to believe that the police exist to serve and protect. Sometimes, they 
make mistakes but for the most part they are well-intentioned.
Pantaleo
 claimed that he never intended to hurt Mr. Garner. He said the move he 
used was not a chokehold, but a wrestling move that he accidentally 
applied after he and Garner nearly fell into a nearby glass window. What
 began, he claimed, as a sanctioned police hold accidentally morphed 
into the lethal chokehold. Pantaleo also acknowledged that he knew he 
was being recorded, apparently confirming in the jury's mind that what 
transpired was not intentional but a series of unfortunate circumstances
 precipitated by Mr. Garner's resisting arrest. Why, his testimony left 
them to consider, would he blatantly apply such a hold in full view of 
cell phone recording devices? 
While suspects rarely testify 
before Grand Juries, Pantaleo and his counsel understood that in this 
case his testimony would carry significant weight. As Paul Martin,
 one of the lawyers in the Sean Bell case conceptualized the problem the
 testimony of police officers in such cases carries strong credibility. 
Police officers may further enjoy what Martin described as the 
professional sympathy and courtesy of prosecutors who work most closely 
with police and empathize with their predicament.  This was clearly at 
work in Ferguson, Missouri. Time will tell if the same is true for New 
York.
In the meantime, we are left to bear the burden of grief and
 disbelief regarding the decisions in both cases. While the words of  
Mayor de Blasio and even President Barack Obama were offered as a 
political salve on the deep emotional wound both decisions have left, 
where, we are left to ponder is the real sympathy for the families of  
Michael Brown and Eric Garner. Sympathy not be found in empty 
expressions of grief for their loss, but the impetus for real change 
that must begin with a hard look at the entire criminal justice system 
in the United States and a move toward real reform if not whole scale 
revision.
Such reform will have to tackle the issue of race. We 
can no longer, as Attorney General Eric Holder observed, remain a nation
 of cowards on this subject. The cost is too high in life, in property 
damage, and in our efforts to ensure fair and democratic practice. 
Until
 mainstream society appreciates the real fear that people of color 
harbor toward police, the dialogue will be fruitless. The quickening 
heart rate that comes whenever an officer pulls you over, the demands 
that your children not wear hoodies or play with toy guns because the 
larger society fears them, and that such actions might be an invitation 
to harm, and the ever present reality that the people it deputizes to 
serve and protect often internalize that fear, is real. Yes, Black lives
 matter. Until we are ready to deal with the full meaning of this 
language, we fight a losing battle. Our nation can no longer afford to 
function as two societies, separate and unequal, deeply divided, and 
policed by the racially insensitive Thin Blue Line. We must find a way 
to be inclusive and to make real in all aspects of our society and 
culture a deep respect for life and liberty regardless of race. This 
will ultimately do more to help us build bridges to understanding 
instead of continuing to populate the tombs of indifference with the 
bodies of unarmed men and boys of color.
 
No comments:
Post a Comment