| SocialistSlayer said: no he did a submission hold on him, restricting blood flow to the brain, which is allowed, not a choke hold restricting oxygen to the lungs, which is prohibited. homocide means death by another person, it is not a legal term in this context. Do i believe the cop intentially tried to kill him, (something required to charge him with murder) no. but i do think he acted out of line, used excessive force, and deserves to be charged with reckless endangerment or something. but it was mostly the guys poor health that killed him, not the cop. but thats not to say the cop is innocent, i think he should do time |
In the top part of your comment, you're wrong. It was a chokehold. You wouldn't say, multiple times "I can't breathe" if your blood, not oxygen, was being cut off. And the death was ruled a homicide by neck compressions, as jlmurph pointed out.
And homicide isn't as simple as "death by another person". It is a legal term. Otherwise a "manslaughter" charge and a "homicide" charge would be the same thing. But obviously there is a difference. You could say that the officer committed involuntary manslaughter, which means "unintentional homicide by criminially negligent or reckless conduct"...but this death was ruled a straight up homicide/murder, something that's not limited to "malicious intent" (meaning, intent to kill isn't needed, so that's something that is not required). Many states define it as "intentionally inflicting bodily harm that subsequently results in the victim's death". What intent do you think the officer had when he came from behind and put him in a chokehold after they attempted to arrest him? Give him a massage? No, he meant to weaken him (aka harm him) in order to make subduing him easier. And that intentional harm caused his death. Example: if I punch you in the arm, I don't intend to kill you. But if that punch ruptures an artery and you die from internal bleeding, I've commited a murder.
