re: #220 nearly-headless smith25

Yup, it’s quite possible that the grand jury is going to come back with an outcome today. What that outcome is? I’m really not sure, but I think it might be for an involuntary manslaughter or something related to excessive force (not following proper procedures since chokeholds are specifically prohibited). It looks like there’s further intent to cause physical harm from the video (not listening to Garner when he says he can’t breathe).

The ME finding that it was a homicide indicates that the death was not a natural death, and doesn’t necessarily follow that murder 2 charges will be brought.

It’s more likely that the GJ will find Officer Pantaleo (the only one facing charges in the GJ) will face lesser charges which include, 2d degree manslaughter, criminally negligent homicide, or reckless endangerment.

Several other cops involved gave evidence in exchange for immunity.

At a minimum, I think reckless endangerment is likely, with lower odds for homicide or manslaughter. I don’t think 2d degree murder is likely.

Reasonable minds may differ whether there’s enough for a criminal act beyond a reasonable doubt (the standard when at a criminal trial), but there’s sufficient evidence to warrant an indictment (which is the stage that we’re at).