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We need to keep in mind, while he did die, the technique used against him is not considered lethal force. It's not as if they pulled their guns and shot him. Therefore, I don't think they killed him because he was selling cigs. He died because as a result of the stress put on his unhealthy body.

Therefore, I don't think they murdered him. I do think they used excessive force and they did not render aid. I'm thinking the cops should have been indicted for manslaughter, negligent homicide or something along those lines.

Am I off base here?

android wrote:

Keith B wrote:
Bottom line, while I believe overall the Ferguson grand jury made the right call, this decision appears to be a total miscarriage of justice.

I am in complete agreement.

There ARE two justice systems, but not black vs. white, it's blue vs. the rest of us.

I think it's more economically driven, rich and poor. A lot of the time it's how good a defense attorney and expert witnesses you can afford.

Cedar Park Dad wrote:

mojo84 wrote:Would it have killed a healthy man?

There is also doctrine in law that you take your victim as they are, not if they are healthy.

I'm not saying they should make a take them or not decision based on health. I'm just curious if they should be held liable for tactics that typically prove OK for a healthy individual. Also, how much did his condition and actions contribute to his death.

Sometimes questions are just that, questions.

I bet it's similar to the old professional wrestling sleeper hold.

Would it have killed a healthy man?
Is a courtroom the appropriate venue to consider alternative procedures?
How would the cops know he wasn't bluffing when he said he couldn't breath?
Is overwhelming force the proper level to utilize?
Was the officer supposed to back off and move on when the big boy resisted?
What level of responsibility does the man have for his own death? No resistance, no death.
Did the cops know he was a regular criminal with many prior arrests?
Should there be civil instead of criminal liability. Professional liability?
What about taser? That could have killed him also considering his health conditions.
Did the cops intend to injure or just subdue him?
Why have such laws against selling single cigarettes in the first place? More laws equal more crime.

As people with heart conditions can attest, when your heart isn't functioning and blood isn't adequately getting pumped throughout your body, one gets the feeling of being unable to breath even though they can. That may explain why he was able to say he couldn't breath.

I have mixed opinions on this one and my comment above is not intended to argue one way or the other regarding the case.