New York – Fifty common law grand juries – one for each state – filed Presentments of Indictment against New York Code Enforcement Officer Daniel Pantaleo in federal court for the Southern District of New York for the murder of Eric Garner, suspected of selling untaxed tobacco on a Staten Island street in July, according the National Liberty Alliance.
The murder took place when “the victim was robbed of life by said officer under the color of law protected by the Amendment V.” This is a violation of the amendment’s guarantee that no person shall be deprived of life, liberty or property, “without due process of law…,” the indictment says.
Homicide is an essential element of murder and is shown in the evidence presented, according to the presentment, because of the use of a choke hold, which has been outlawed by the New York City Police Department, and “at the time more than 9 Code Enforcement Officer had arrived and many other options were now available including the possiblity of Eric Garner cooperating.”
The presentment further alleges that a code infraction requires no arrest when a civil summons may be issued.
“A homicide deserves a trial,” said John Darash, a key leader in the National Liberty Alliance. He criticized the Staten Island County Grand Jury for “trying the case” rather than determining if there is probable cause that an offense was committed.
One may read the presentment by following this link: http://nationallibertyalliance.org/sites/default/files/officer_pantaleo_ny._presentment.pdf
To hear an extended statement from Mr. Darash, follow this link:
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