New push for chokehold law
A city councilman renewed his call Monday for a law banning cops from using chokeholds on the heels of a Daily News exclusive about a detective who appeared to use the prohibited technique to subdue a man in Inwood.
Rory Lancman (D-Queens) first proposed the measure in 2014 after the chokehold death of Eric Garner on Staten Island. But Mayor de Blasio signaled he would veto the bill, effectively blocking it.
Lancman brought the bill forward again in the current legislative session, and it's now in committee.
“In light of what we all saw on the front page of the Daily News, it's clear we need the bill now more than ever,” Lancman said. “We need the mayor to see that four years later chokeholds are still happening and we need to pass this bill before another tragedy occurs.”
Lancman was referring to the cover story in Monday's News that detailed Detective Fabio Nunez's apparent use of a chokehold on Tomas Medina, 33, of Queens. Nunez responded to a routine noise complaint July 14 on W. 206th St. and then abruptly wrapped his arm around Medina's neck and held it there for 23 seconds, according to video obtained by The News.
Chokeholds are banned under NYPD policy. The bill would impose penalties of up to a year in jail and a fine of up to $2,500 for use of a chokehold during an arrest.
Nunez remains on active duty, an NYPD official said. A police official said other video, which has audio, shows Medina arguing with Nunez for eight to 10 minutes — with the officer repeatedly asking him for identification and warning him that he could face arrest.
In a statement Monday, the NYPD said, “Police officers responded to the Washington Heights location over a loud noise complaint. The suspect physically resisted arrest for a prolonged period of time. One officer was bitten by the suspect. Despite officers' continued attempts to deescalate the situation, the suspect continued to resist arrest. The suspect was uninjured, and was eventually placed under arrest and taken into custody. The incident is under review.”
As for Lancman's bill, the department said, “The penal law already addresses this behavior as does the department's patrol guide.”
Lancman argued the Medina incident added up to excessive force.
“What stuck out was the ease with which the officer slipped into applying the chokehold,” he said. “It seemed like it was second nature and was almost the first move that the officer went to. If the department was really training its officers to not do chokeholds, it would have not been the go-to move for this officer.”