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Two seconds later, she said, Mr. Garner gave what appeared to be the first signal of distress: he opened his right hand with the palm of his hand and made a guttural sound. Her suffering was confirmed, she said, when Mr. Garner, meanwhile, left arm in the back and right hand still open, coughed and grinned while Agent Pantaleo maintained his outlet.
At that time, she stated that the conduct of the officer "went from a violation of the patrol guide to criminal imprudence," she said.
Deaths by police suffocation are rare, but Judge Maldonado has invoked a "surprisingly similar" precedent in calling for the dismissal of Agent Pantaleo: the case of Francis X. Livoti 22 years ago.
In 1994, the agent Livoti was pissed off that a soccer ball thrown between a man and his brothers hit his patrol car. In a later dispute, he put the man, Anthony Baez, in a choking.
Like Mr. Garner, Mr. Baez had an asthma attack and died. He was 29 years old.
Constable Livoti was acquitted of criminal negligence charges against him in 1996, but Police Commissioner Howard Safir fired him on February 21, 1997. He was later sentenced to seven and a half years in prison. for violating Mr. Baez's civil rights.
Judge Maldonado – referring to the agent Livoti and Mr. Baez by the number and date of the case, not by their name – noted that even if it was not the case. has never been proven that the 1994 throttling was the sole cause of Mr Baez 's death, "Downward spiral."
Similarly, "for serious misconduct, only one appropriate sanction has given an equally serious result," she wrote about Officer Pantaleo.
Judge Maldonado stated:he "can not remain a police officer in New York City".
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