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The circumstances surrounding the NYC police actions to arrest Eric Garner include the following:

1. Eric Garner (EG) was clearly resisting arrest and if he had not then force would have not been necessary.

2. EG had demonstrated his resistance by swatting away the arms of police and telling them not to touch him.

3. It was unlikely that the police would have concluded that because EG did not want to be arrested that they should comply.

4. EG had a history of 30 arrests since 1980 including assault and grand
larceny charges. so this was not his first rodeo

5. He was on bail for selling illegal cigarettes, driving without license, marijuana possession and false impersonation


6. EG was 6'3" weighed 350 suffered from heart disease, severe asthma, diabetes, obesity and sleep apnea.

7. EG did not die at the scene but an hour later from cardiac arrest

8. It is claimed that the choke hold was used 1128 times since 2009 as reported by the civilian Complaint Board and a take down techniques taught at the police academy

9. the grand jury heard this case from Sept 29 until its decision Dec 3

10. The grand jury had 23 members 9 of whom were non-white

11. To charge the police officer with being criminally negligent the grand jury would have had to determine the police officer knew there was a "substantial risk"

12. Orta who shot the video tape was indicted on weapons charges

Newsmax Dec 6