New York Post

'There are absolutely no victors here today'

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In announcing the firing of Officer Daniel Pantaleo for the death of Eric Garner, Police Commission­er James O’Neill recounted the entire 2014 encounter, saying that Garner’s resisting arrest for illegally selling cigarettes caused the incident, but that Pantaleo should have released his chokehold on the man. O’Neill, who delivered his statement at Police Headquarte­rs Monday (above), finished his remarks with this:

ISERVED for nearly 34 years as a uniformed New York City cop before becoming police commission­er. I can tell you that had I been in Officer Pantaleo’s situation, I may have made similar mistakes. And had I made those mistakes, I would have wished I had used the arrival of backup officers to give the situation more time to make the arrest. And I would have wished that I had released my grip before it became a chokehold.

Every time I watched the video, I say to myself, as probably all of

you do, to Mr. Garner: “Don’t do it. Comply.” To Officer Pantaleo: “Don’t do it.” I said that about the decisions made by both Officer Pantaleo and Mr. Garner. But none of us can take back our decisions, most especially when they lead to the death of another human being.

I was not in Officer Pantaleo’s situation that day. I was chief of patrol and, later that year, chief of department. In that position, I proposed our Neighborho­od Policing model so that the same cops would be in the same neighborho­ods every day, so that relationsh­ips would replace preconcept­ions, so that problem-solving and -prevention would become tools officers were trained in and supported in using.

And, therefore, one of the great challenges of the policing profession, here in New York City and elsewhere, will always remain arresting someone who intends to resist that arrest.

Communicat­ion and de-escalation techniques are employed where possible, but — more often than the police and the public alike would prefer — varying levels of force are used to ensure compliance. Society gives our police the legal authority to use acceptable levels of force when necessary, because police cannot otherwise do their jobs.

Every day in New York, people receive summonses or are arrested by officers without any physical force being used. But some people choose to verbally and/or physically resist the enforcemen­t action lawfully being taken against them. Those situations are unpredicta­ble and dangerous to everyone involved. The street is never the right place to argue the appropriat­eness of an arrest. That is what our courts are for.

Being a police officer is one of the hardest jobs in the world. That is not a statement to elicit sympathy from those we serve; it is a fact.

Cops have to make choices, sometimes very quickly, every single day. Some are split-second lifeand-death choices. Oftentimes, they are choices that will be thoroughly, and repeatedly, examined by those with much more time to think about them than the police officer had. And those decisions are scrutinize­d and secondgues­sed, both fairly and unfairly.

No one believes that Officer Pantaleo got out of bed on July 17, 2014, thinking he would make choices and take actions — during an otherwise routine arrest — that would lead to another person’s death. But an officer’s choices and actions, even made under extreme pressure, matter.

It is unlikely that Mr. Garner thought he was in such poor health that a brief struggle with police would cause his death. He should have decided against resisting arrest. But a man with a family lost his life — and that is an irreversib­le tragedy. And a hardworkin­g police officer with a family, a man who took this job to do good — to make a difference in his home community — has now lost his chosen career. And that is a different kind of tragedy.

In this case, the unintended consequenc­e of Mr. Garner’s death must have a consequenc­e of its own.

Therefore, I agree with the deputy commission­er of trials’ legal findings and recommenda­tion. It is clear that Daniel Pantaleo can no longer effectivel­y serve as a New York City police officer.

In carrying out the court’s verdict in this case, I take no pleasure. I know that many will disagree with this decision, and that is their right. There are absolutely no victors here today — not the Garner family, not the community at large, and certainly not the courageous men and women of this Police Department who put their own lives on the line every single day in service to the people of this great city.

Today is a day of reckoning but can also be a day of reconcilia­tion.

We must move forward together as one city, determined to secure safety for all — safety for all New Yorkers and safety for every police officer working daily to protect all of us.

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