NYPD Kill Man on Video after he Breaks up Fight

New York City police officers killed a man Thursday after he had broken up a fight between two other men, insisting on placing him in a chokehold and slamming his head to the pavement, piling on top of him as he gasped for air and as he continually told the cops he couldn’t breathe.

The entire incident was caught on video from a witness who kept telling the cops that the man had not committed a crime.

But evidently, the cops suspected him of selling untaxed cigarettes, which apparently is a very serious crime in New York City.

According to the New York Daily News:

“I can’t breathe! I can’t breathe!” Eric Garner, 43, repeatedly screamed after at least five NYPD officers took him down in front of a Tompkinsville beauty supply store when he resisted being handcuffed.

Within moments Garner, a married father of six children with two grandchildren, ceased struggling and appeared to become unconscious as police called paramedics to the scene. An angry crowd gathered, some recording with smart phones.

“When I kissed my husband this morning, I never thought it would be for the last time,” Garner’s wife, Esaw Gardner, told the Daily News.

Police officials said Garner has a history of arrests for selling untaxed cigarettes. They did not immediately say why officers were at the scene when he drew their attention.

An NYPD spokesman would only say the man “was being placed in custody, went into cardiac arrest and died” at Richmond University Medical Center.

Although police are not saying what led up to this incident,  it is believed they responded to fight between two other men.

Garner broke up the fight and the two other men fled, so that left the cops with nobody to harass except Garner, whom they apparently knew from his history of selling untaxed cigarettes.

Garner weighed 400 pounds and had a series of health complications, which will no doubt be the blame for his death.

But the video speaks for itself. He was killed by the NYPD.

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

Check Also

Over the years, Springfield police detective would happily pose with money seized from drug suspects. Now he stands accused of pocketing that money. (Photos via Mass Live)

Retired Massachusetts Cop Charged with Stealing $400,000 from Evidence Room

In 2014, Massachusetts Police Detective Kevin Burnham retired after 43 years on the job with …

  • pete

    Video link is no longer workin

  • That guy

    Video already pulled.

  • Hew Hefnur

    Coroners report will say he had an enlarged heart and drugs in his system. Anyone want to bet ?

    • Flashing Scotsman

      Hey, it worked in Bakersfield, didn’t it?

    • Schlitz Stop

      I’m going with “excited delirium.”

    • Difdi

      If someone is medically fragile it means you DON’T attack them, it does NOT mean it’s okay to kill them.

    • TreAnthony

      The autopsy should have been performed in another State because of bias. They might write a report and LIE about the cause of death in order to save the police officer’s butt that strangled the man to death…

      • http://excoplawstudent.wordpress.com/ ExCop-Lawyer

        The family is free to have its own autopsy conducted, by whoever they want.

  • Carlos_Miller

    I’m trying to get the video from the man who recorded it. It’s obvious NYPD put in a call to the Daily News and had them remove the video.

    • JDS

      I was just able to watch the video on the daily news link you posted. I think their embed code is messed up.

    • Liberaltarian

      Hopefully you can get the uneditied video. The NY Daily video has been edited.

  • jpriest2121jr .

    Kill the punk thug tyrant cops who murdered this man!!!

    • Megan

      The word ‘cop’ comes from Gaelic and it means ‘Protector’. These rat bastard mother****ers ARE NOT COPS!!!! THEY’RE MURDERERS!!! WHO’S GOING TO PROTECT US FROM THEM??????????

      • mikef74

        I thought it was an acronym for “Constables on Patrol”

        • http://excoplawstudent.wordpress.com/ ExCop-Lawyer

          It is neither from Constables on Patrol nor from Gaelic.

          It comes from “capere” (Latin – to seize), via “caper” (Old French – seize), to “cap” (English – arrest), to “cop” in the mid-1800s.

          • Mike Stachewicz

            You’re all wrong. They used to be called “Coppers” because that’s what their badges were made out of around the turn of the last century. It was shortened to “cops” over time.

  • Boothman
  • anon

    Video just played fine for me. Cops killed him. He continually stated “I can’t breathe”, and you could hear less air coming from him every time he said it. Then the cops, realizing they killed him, had the other cop buddies push people back to avoid a well-deserved riot. FUCK THE NYPD.

  • Falutin Free

    This is such bullshit. It makes me so angry. Glad I got out of that shithole city of corruption and taxes, where the Bill of Rights seems to not exist.

  • James

    American Cops are nothing more than trained assassinations.. Back when I was a kid in the 60’s cops would come to our home and eat dinner my grandma would make for them they would sit around and tell jokes with us if a kid got into some BS the cop would bring them home and give them a good talking to and that was it. Now it seems like EVERYTHING is a crime to put you in prison and all the cops are nothing but killers.

    • inquisitor

      They were still criminals back then, just didn’t have cameras and smartphones to get it all recorded.

    • Difdi

      Everything is a crime to put people in prison for — except the crimes the cops commit. Those are just honest mistakes, even if they make them over and over and over, and it wouldn’t serve the cause of justice to imprison someone for an honest mistake, right?

    • jcfromnj

      You would be killed for your efforts if you tried this now. I hear you on just what has become of this country. The Banana Republic is in full swing, with roaming Death Squads

  • rust

    More candidates for a Las Vegas vacation to a HOLE in the desert.

  • Cophater

    This shit needs to stop. I’m serious, that whole crowd of thugs with badges needed to be attacked. People need to start standing up, enough is enough !!

  • az357

    “Eric Garner, 43, who weighed about 350 pounds, had been selling untaxed cigarettes on the street in Tompkinsville at around 5 p.m. when he was approached by officers and resisted arrest, ­according to police.”

    police will say anything to cover up their sorry asses.


    • Difdi

      Odd that it wasn’t caught on video.

      But even if he was, since when is tax evasion punishable by the death penalty?

  • maxx

    After they killed him… they were all like “Back up!!”

  • dickgosinya48

    this is one of those situations where you wished people would intervene, with a shotgun.

  • Jose Carlos

    What is the reason to keep a bunch of policemen. Are we paying to them to be killed.
    This guy with 99 T shirt. Are you feel man now?.. you piece of sh*t.
    Kill all this police bitches. We don’t need your law ash*les.

  • kringlebertfistyebuns

    I’ll bet a bottle of fine single-malt Scotch that one of these days, the crowd ain’t gonna just record the action.

    • inquisitor

      Neck cranks from behind. Snap…snap…snap…

  • inquisitor

    Large black man murdered by armed gang in NYC.

  • Joe
  • Shocked man

    When police do it its not a murder….

  • Jay

    “Police officials said Garner has a history of arrests for selling untaxed cigarettes.” I hate when they do this shit, What are they trying to tell us? That his dead was reasonable? WTF

  • inquisitor

    Yahoo! News Equates Videotaping Cops With Wanting to Kill Them
    Posted July 14, 2014 11:56 am by PatriotRising

    Concerns about police brutality, militarization of law enforcement blamed on “anti-government radicals”

    A Yahoo! News story published today equates concerns about police brutality, the militarization of law enforcement and videotaping cops with wanting to carry out violent murders of police officers.

    In a piece entitled Online rants, anti-government radicals fuel fear of U.S. cop killings,
    Senior National Reporter for Yahoo! Jason Sickles cites the murders of Las Vegas police officers Alyn Beck and Igor Soldo last month to make the case that there is “an exploding right-wing movement” which is “creating anxiety about attacks against police.”

    Sickles notes that cop killer Jerad Miller posted of his intention to murder law enforcement officers on a Facebook page belonging to Cop Block, an organization that encourages citizens to document examples of police brutality. The fact that the organization has over 780,000 Facebook fans, all but one of whom have never murdered a police officer, doesn’t
    prevent Sickles from honing in on the group as being partly responsible for the deaths of Beck and Soldo.

    After spending almost the entire article equating the murders with Cop Block, Sickles then notes that the organization, “encourages the public to submit home videos, photos and stories of rogue officers for discussion.”

    The hit piece then broadens out into the wider implication that concerns expressed online about, “the economic crisis, proposed gun control, Barack Obama’s election, NSA spying and the militarization of police,” are intimately connected with violent extremism and attacks against police officers.

    The article makes no mention whatsoever of the innumerable examples in recent years of police officers murdering citizens, which far outnumber fatal attacks by citizens against cops.

    Sickles fails to cite the case of Kelly Thomas,a homeless man who was pummeled into a coma as he begged for his life during an incident in 2011. The Fullerton, California police officers
    responsible for his murder were acquitted.

    The article also omits a more recent case involving 38-year-old James Boyd, who was executed by Albuquerque Police Department officers for the crime of camping illegally on a remote hill. The Albuquerque Police Department alone has been responsible for murdering 26 people since 2010, many of them mentally disabled, a statistic which didn’t stop the department from recently acquiring 350 assault rifles.

    The number of Americans killed by police in the United States now outnumbers the amount of U.S. troops killed in Iraq. Over 5,000 Americans have been killed by cops since 9/11, a figure that suggests,”Americans should be more fearful of the local cops than “terrorists,” writes Katie Rucke.

    To illustrate the sheer scale of the violent threat posed to the public by police officers, in cities like Seattle, 20% of all homicides are carried out by cops.

    According to a recent ACLU investigation, the excessive militarization of American policing, which has contributed to cops treating citizens “like wartime enemies,” has contributed to a huge increase in injuries and deaths.

    In comparison, although 2014 saw a spike, the general trend shows that police officers themselves have never been safer in the line of duty, with the number of cops killed by citizens dropping to a 50 year low back in January.

    These statistics, none of which were included in Sickles’ smear piece, clearly illustrate that police officers pose a far deadlier violent threat to the American people than vice versa. That
    doesn’t justify violence against cops, but it does underscore the fact that concerns about police brutality are rooted in a very real problem and cannot be blamed on politically driven arguments about anti-government extremism as Sickles attempts to portray in his
    factually bankrupt hit piece.

  • Sneck

    another reason to do something to change the fucking sistem,

  • Esteban

    these kind of reptile people shall soon be punished –

  • John Black

    You don’t tell the police “don’t touch me”
    when they’re trying to handcuff you. That’s called “being combative” and
    requires physical restraint. The police did not set out to kill this
    man… his unfortunate death was the result of his own stubbornness.

    • lberns

      Gee look, one of the state’s paid bootlickers. Go suck an egg, fuckface!

    • My2$ents

      No, they needed to harass the man since they were there already ready to arrest someone. Fuck you John Black

    • jcfromnj

      Are you Jack Black the comedian or just as stupid as you sound ?

    • Jay F

      What was he being detained for? Why was he under arrest.
      Police can’t just come up and arrest you, that is what probable cause is needed for.
      Remember that hole Innocent until proven guilty thing? What evidence did they have prior to him being part of a crime?

      • Liberaltarian

        The story I’ve read said it was for selling cigarettes. Don’t know what their probable cause was and that’s a good question. The witnesses around apparently said the guy wasn’t selling cigs and had just helped break up a fight. Now that the guy is dead, you can bet the cops will manufacture testimony even if they didn’t have it to begin with.

    • JJ_Swiontek

      Sorry Ent, lberns, My2$ents, jcfromnj, and JayF. Tactically, Mr. Garner made several mistakes. After he broke up the fight, he should have closed his shop and locked his doors until the police had all left.
      Secondly, Mr. Garner did not pick the time and place for his encounter with the police; the police did; and more were coming.
      Third, Mr. Garner should have said, “Officer, I didn’t see nothin'” (It is a crime to lie to police and it would have been better to just take the Fifth but this statement is not a lie. A double negative, translates correctly into, “I saw everything.” However, the police may misinterpret this statement as, “I saw nothing.” and may let you leave.
      Forth, Mr. Garner should have asked, “Am I being detained?” If the answer from the officer is, “Yes.” then Mr. Garner should have just said, “I surrender and I would like a lawyer.” and then clammed up and been processed. In todays police state, there are only two options: surrender or die (or be severely injured).
      And JayF, yes, the police can arrest anyone for bogus charges such as disturbing the peace or any number of lies. It is up to the DA to decide whether to press those charges. Sometimes that decision is based on whether or not the officer is on the local Brady list.
      Mr. Black, sir, you are mistaken. It was not his stubbornness that resulted in his murder. It was the police and the police state that murdered Mr. Garner

    • elizabee

      Go fuck yourself holster sniffer

    • Liberaltarian

      Whatever happened to “your under arrest” before going hands on? The guy was not violent or threatening. Even after cops started to grab him, choke him, and tackle him, he didn’t ever try to assault the cops.

      • John Black

        You really think the man would have complied if the police simply stated “you’re under arrest” ?? You ignore the fact that he was resisting arrest. Are you saying people have the right to refuse arrest???

        • Liberaltarian

          Well, we’ll never know will we, since the cops went straight to violence.

    • Carlos_Miller

      Fuck you

      • http://plumstchili.blogspot.com/ PlumDumpling

        Works for me.

    • http://cynicalinny.blogspot.com/ Cynic in New York

      Make sure to remember that one when government thugs beat the shit out of you within an inch of your life. Guess what, your picture of Ronald Reagan, your bumper sticker of being a government thug supporter or your precious little fairy tale book wont save you when the thugs in blue violate your rights

      • John Black

        I wouldn’t give them a reason to beat the shit out of me within an inch of my life. If I were the man in the video and I was really innocent, I would have simply gone down to the station. Without any evidence to hold me, they would let me go. No fight, no death, no harm done. Learn to work WITH the police, not against. They’re human and have families just like the rest of us, wake up.

        • http://cynicalinny.blogspot.com/ Cynic in New York

          “I wouldn’t give them a reason to beat the shit out of me within an inch of my life.”

          I guess you haven’t been paying attention that these thugs don’t need a reason because they know they have authoritarian state apologists in the media and people like you who defend them to the death. Just like when ghetto trash gang bangers get kill by people defending themselves and you see their pathetic parents screaming how “He was such a “good kid”.

          “They’re human and have families just like the rest of us”

          No they’re scum just like any other gang banger. You should heed your own advice and wake yourself up, Obama loves state boot lickers like you.

  • http://www.policemisconduct.net Film The Police Always

    These cops killed him. I hope to hear of their demise reported in the news.

  • DABhand

    The choke hold was held too long and too tight, it is only supposed to be used to control, the officer clearly crushed the mans neck to the point it probably damaged the larynx. The man’s weight is also a contributing factor, the extra weight forces the heart to work more and obviously the result of the choke hold made it work even more. In this instance the Police officer is the one to blame, as he should have assessed that situation on how to control the man and he didn’t.

    • jcfromnj

      Well it might be an issue of repressed homo-erotic hysteria. It’s how these psycho’s release their anxiety. Or he’s just a serial killer getting his rocks off. It’s a common theme.

    • Liberaltarian

      NYTimes reports NYPD are not supposed to use chokeholds under any circumstances.

    • steveo

      It is easier,though, to arrest someone, if you kill him first. I think that’s the reasoning behind shooting people in the back who are running away from cops.

  • Guest

    Cause of death will be: Excited delirium.

  • ge gea

    I would be happy to see 8/10 US policeofficers get killed. They’re nothing but a bunch of uneducated c*nts who thinks they’re above the law.

  • Guy Thomas

    This is the saddest thing, you can tell by that guy’s voice thats hes a good guy genuinely frustrated with police harrassment. And wtf at telling the camera man to move away after hes documenting a murder. The cops dont want documentation of a murder?

    • jcfromnj

      They will do the crime, but won’t do the time….

  • freejt

    rear naked chokehold crushed his throat causing asphyxiation which led to cardiac arrest! this was cold blooded murder by the nypd again!!!!!!!

  • Z54

    It’s getting to the point where a citizen being accosted by police is going to have to assume that their life is in danger and act accordingly!

    • jcfromnj

      You will need to be pro-active or will die for your lack of preparedness

  • jcfromnj

    NYPD Death Squads roam the streets ? This is some sick shit to be sure. #99 and the rest of his psychopathic goon squad any menace to ANYONE on the streets of NY.
    Remeber: Psychopath’s have no remorse or guilt for their action’s. These goons just consider this all in day’s work. It was a homicide no matter how to spin it out.

  • Guest

    Jail those cops.

    • Ben A

      I WISH police still used batons. If that picture was accurate they’d be opening fire

  • kjohns2001

    You only made one mistake in this article. You said he was “killed”, wrong, he was not ‘killed’ he was murdered! Murder by cop is becoming a frequent occurrence in Ob*stards police state. I don’t know if it is even appropriate to call this America anymore. In America this reign of terror against it’s own citizens would not have been tolerated.

  • ActaNonVerba

    Naively believing that funneling more and more of other people’s money into government so that it grows and grows at a rapacious rate in the false belief that it will theoretically end up benefiting the average person is the biggest lie ever sold to the American public.

    When government grows in size, it grows in power and inefficiency and this comes at the expense of YOUR RIGHTS, i.e. the right to be left alone and NOT be harassed by the agents of the state. Agents looking to justify their employment, their existence at the expense of taxpayers and citizens.

    This is what most people do not understand when they vote for big government and establishment politicians that support big government to provide them everything they want or believe they are owed. They fail to realize that a government big enough to give you what you want is a government big enough to take everything you have and in this poor man’s case it was his life.

    So you like big government ?? Well then keep voting for it and you will get it. However you just will NOT get what you really wanted but more of what you didn’t like from it in the first place, i.e. more of this shit as those in power will only give you what THEY (not you) believe you deserve.

  • Enrique Roman

    You can see the video on Liveleak.com

  • Enrique Roman

    I hope those future former officers go to jail

  • Enrique Roman
  • Teresa Roberts

    I know it’s not enough, but please consider reading, signing and sharing my petition against the militarization and brutality of our current cops. This is a global problem.

  • Liberaltarian

    Saw a NYT article that states:

    “Because of the danger they can pose, chokeholds are forbidden by the
    Patrol Guide, a voluminous book that contains rules for officers.
    “Members of the New York City Police Department will NOT use
    chokeholds,” the Patrol Guide states, defining chokeholds as any
    maneuver that places “pressure to the throat or windpipe, which may
    prevent or hinder breathing or reduce intake of air.””

    Definitely looks like the plaincothes cop used a chokehold.

  • Percy Dovetonsils

    I am really sick and tired of seeing these POS cops getting away with brutality and murder on a regular basis. They are supposed to our servants. I think what it will take is enough people being fed up with this such that whenever this type of thing is happening, a large group of citizens will converge on the scene and physically intervene, consequences be damned. If it happens like this enough, these asshole cops and people like them, or about to become one, will see that this shit don’t fly anymore.

    • Hanoisteve

      See a cop throw a rock

  • http://www.lifenews.com/category/national/ Agent76

    They censored your link, but you can use this one! Staten Island man dies after NYPD cop puts him in chokehold — SEE THE VIDEO VIDEO EXCLUSIVE: A 400-pound asthmatic Staten Island dad died Thursday after a cop put him in a chokehold and other officers appeared to slam his head against the sidewalk, video of the incident shows. BY KEN MURRAY , KERRY BURKE , CHELSIA ROSE MARCIUS , ROCCO PARASCANDOLA NEW YORK DAILY NEWS Published: Thursday, July 17, 2014


    • Carlos_Miller

      It’s back up

  • Christopher Shepard

    Incident occurred in the 120th Precinct. However, they are tight lipped and wont say anything about the incident or investigation. They know they fucked up, BIG TIME.
    You can call the 120th Precinct at (718) 876-8500, or call the Headquarters at (646) 610-5000.
    Link to actual video can be found here

    • Frodo

      How are they fucked? It’s just another lawsuit in a long line of lawsuits they’ll eventually have to pay out, they’ll move on and then forget about it, until the next one.

  • Behond

    Cops are awesome.

  • 213123

    Look at these “cops” they hire. Look at them in this video. They look like street thugs picked up off the street. Except for the fat white jerk in the suit, who looks like a typical closet pedo.

    “untaxed cigarettes”. So, you killed this guy over money? Good job, state terrorists. Now you know that when you see a NYPD cop, you’re looking at a terrorist, headed by that rat Bloomberg.

    • ActaNonVerba

      When the state wants it money it collects it dues with either the threat of force or with the actual use of force, e.g. this video.

  • jpriest2121jr .

    Kill the tyrants responsible because you know they are going to get away with murder…AGAIN!!!

  • citizen

    Nothing short of murder! #89 now has to look at himself in the mirror everyday and justify why he choked a man to death. He could have been talked down. He is obviously in fear as he’s being sorrounded for an attacked.

  • Christopher Shepard

    It’s a sad day for Freedom.

  • srandallthomas

    2nd video of remorseful #myNYPD rendering aid to Eric Garner> https://www.facebook.com/photo.php?v=720869141311887

  • Frodo

    We can all rest easy now. Another dangerous criminal has been taken off the streets. Thank you NYPD for keeping us safe! I hate cigarette smoke!

  • http://www.policemisconduct.net Film The Police Always

    I hope to hear on the news that NY residents start attacking cops around the city. Enough is enough! They must be held accountable. Charge these thugs with murder.

  • Owlisen

    Hope his wife sues the police AND WINS!!!…


    You can even at 6.38 on this other video hear the policeman say when asked why no CPR is being done on the man “because he is breathing”…

    That seems to be a total lie !!!

  • citizen of Brooklyn

    Every corner store in Brooklyn sells loose cigarettes. Who knows where the ed makes were purchased.. The police now must choke every corner store owner in Brooklyn

  • citizen of Brooklyn

    Cigarettes. A human life was taken because he sold cigarettes. He should have put his hands behind his back and let them take him to jail. The police man that choked him should receive a metal, dumb as of the year. Ever a cop should know when to back off. Now six kids a a wife have no daddy. Probable cause. What was the reason they approached him? Stop and frisk! Cigarettes! Cigarettes! Allen Iverson will have a field day with 5th is one. Cigarettes! Cigarettes! !

  • citizen of Brooklyn

    I wonder how many dope dealers were watching in person, laughing at those folks. Even the paramedics were clueless. If that was a celebrity would he have been handled so poorly. The man had a heart attack and no one checked his heart. The coroner’s job is to come and pick up people. If I see a citizen in distress I mind my business. No cops walk/step over, keep it moving. If it was one of those people’s family in trouble they would want someone to intervene. I does not pay to help people. You get choked for it. Beat down and cuffed.

  • FlPatriot98

    Welcome the the Police State, guilty until proven innocent!!!

  • TreAnthony

    If a civilian had put another civilian or a cop in a choke hold, either out of anger or just horse playing, where would they be right now? We all know that civilian would be behind bars for murder or at the very least for involuntary manslaughter or negligent homicide…This cop, Daniel Pantaleo gets to work 5 days a week on the beat and go home, eat, sleep and shit every day. Pantaleo robbed Eric Garner of those basic rights. Pantaleo should be held accountable for his unlawful choke hold that caused this man’s death and every EMT worker should also be charged with familiar to render medical attention to the man. That man NEVER should have died that way at the hands of the NYPD.

    The only way that this police brutality will come to an end is that if every citizen in New York refuse to pay State taxes until the entire NY Police Department across the State is reformed. There should also be a law in place that holds every Police Officer personally accountable when they cause the death of any citizen that they arrest. At the end of the day, Daniel Pantaleo clearly violated Eric Garner’s civil rights because the attempted arrest was blatantly unlawful: no crime was committed by Eric and he was in a public place where he had the right to be.

    The person that called the police in the first place on Eric Garner contributed to Garner’s death because if they had not called the police to falsely accuse Garner of loitering, this might not have happened…That person’s conscious should bother them for the rest of their life: knowing that the phone call that they made to police got a man killed.

    R.I.P. Eric Garner…and may The entire Garner family find peace with the loss of Eric Garner……