The Staten Island grand jury got it right

I have written several posts on this blog featuring police misconduct, over reaction, cruelty, and downright stupidity. I reviewed the video of the arrest and subsequent death of Eric Garner shortly after it occurred and declined to criticize the police action. If there is a lesson to be learned from the grand jury's refusal to indict anyone in the matter it may well be that members of the media are unfit for jury duty. The prosecution did not face an uphill battle in the matter. It needed only 12 votes of the 23 jurors to vote for a true bill and it failed to get even that. Imagine the burden of proving guilt beyond a reasonable doubt when 12 of 12 jurors must vote to convict.
First let's address the issue of racial prejudice. It has not been widely reported but the ranking officer, who is seen briefly in the video, was a black female sergeant. Second, the decision to arrest Garner was not made on the spot. It originated at the precinct house after several merchants in the area complained that Garner was disrupting business with his illegal cigarette sales. The decision was not made by Daniel Pantaleo nor his teammates but by a NYC officer, probably a captain. Moreover the NYPD announced with much fanfare a crack down on the sale of untaxed cigarettes. From the Washington Times;

In January 2014, tough new penalties for selling untaxed cigarettes took effect in New York City. In July, emboldened by the new law, the city’s highest-ranking uniformed cop, Philip Banks, issued an order to crack down on loosie sales days before Garner died.

 
As to the alleged brutality of the arrest. Bullshit! Thirty years ago more rough housing went on in every school recess everyday. Was Garner beaten with a night stick? Was he sprayed with pepper spray? Was he electrocuted with a taser? No. He was simply restrained. It appears Office Pantaleo took him down by wrapping his arm around his neck but not even a high school wrestling referee would have called it a choke hold. Then Garner complains he can't breath. Try speaking the next time you're being choked.
Garner died but the cause of death is vague. It is known he did not die of asphyxiation nor was there any injury to his neck bones or windpipe. The best the medical examiner could come up with was “Compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.” The examiner also added that the victim’s asthma, obesity and high blood pressure were also contributing factors in his death.
So a grand jury should indict Pantaleo because Garner died of vague causes? Yes, just after it indicts Mayor de Blasio for the death of the groundhog he dropped.