The cell phone video of the last moments of Eric Garner's life was watched millions of times on the Internet, clearly showing a white police officer holding the unarmed black man in a chokehold, even as he repeatedly gasped, "I can't breathe."
But despite that visual evidence, and a medical examiner's ruling that the chokehold contributed to the death, a Staten Island grand jury decided Wednesday not to bring any charges against the officer involved, sending thousands of protesters onto New York's streets, where they marched, chanted and blocked traffic into the next morning.
While legal experts note it's impossible to know how the grand jurors reached their conclusion, they say the Garner case, like Michael Brown's death in Ferguson, Missouri, once again raised concerns about the influence local prosecutors have over the process of charging the police officers they work with on a daily basis.
"The video speaks for itself," said Jeffrey Fagan, a professor at Columbia Law School. "It appears to show negligence. But if we learned anything from the Brown case, it's the power of prosecutors to construct and manage a narrative in a way that can shape the outcome."
Protestors shout at Times Square after it was announced that the New York City police officer involved in the death of Eric Garner is not being indicted, Wednesday, Dec. 3, 2014, in New York. A grand jury cleared the white New York City police officer Wednesday in the videotaped chokehold death of Garner, an unarmed black man, who had been stopped on suspicion of selling loose, untaxed cigarettes, a lawyer for the victim's family said. A video shot by an onlooker and widely viewed on the Internet showed the 43-year-old Garner telling a group of police officers to leave him alone as they tried to arrest him. The city medical examiner ruled Garner's death a homicide and found that a chokehold contributed to it. © AP Photo/Julio Cortez Protestors shout at Times Square after it was announced that the New York City police officer involved in the death of Eric Garner is not being indicted, Wednesday, Dec. 3, 2014, in New York. A grand jury cleared the white New York City…
Ekow N. Yankah, a professor at Cardozo School of Law, agreed that, "It is hard to understand how a jury doesn't see any probable cause that a crime has been committed or is being committed when looking at that video, especially."
Another observer, James A. Cohen, who teaches at Fordham University Law School, went further, saying, "Logic doesn't play a role in this process."
U.S. Attorney Eric Holder said federal prosecutors would conduct their own investigation of Garner's July 17 death as officers were attempting to arrest him for selling untaxed cigarettes on the street. The New York Police Department also is doing an internal probe which could lead to administrative charges against Officer Daniel Pantaleo, who remains on desk duty.
The grand jury's decision prompted emotional protests around New York and in cities from Atlanta to California.
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