New York Post

cops in revolt

NY’s fed-up Finest set for drastic jab at Blas

- BOB McMANUS rmcmanus8@gmail.com

The city’s cops, demoralize­d by the de Blasio administra­tion’s handling of the notorious “chokehold” incident, are now threatenin­g to “dot every i” — even if it means emergency-response delays.

‘WE WILL defend these police officers,” Pat Lynch said, combativel­y, on Tuesday. The head of the Patrolmen’s Benevolent Associatio­n went on, “This was not a chokehold. We will get medical examiners to go over this autopsy when it is finally released.”

At last, someone’s standing up for common sense.

For sometimes, the victims aren’t so much “victims” as they are instigator­s of incidents that lead to unhappy outcomes — which, indeed, likely never would’ve happened if they had simply obeyed the law. Take Eric Garner. Garner died while resisting arrest on Staten Island July 17. The city medical examiner last week termed his death a “homicide” caused by a “chokehold” applied by one of the arresting officers — which a controvers­ial video suggests is true, as far as that goes.

Which isn’t necessaril­y very far, as we shall see.

For a bad guy, Garner wasn’t particular­ly fearsome — but he persistent­ly violated the law, had a long arrest record and on the day he died, he was once again selling untaxed cigarettes on the street (in unfair competitio­n with local merchants, who pay full freight for their goods), cops said.

It wasn’t the end of the world, but it was against the law — and thus did Eric Garner once again attract the attention of the police.

But this time, he shouted that he was being harassed — and wasn’t going to go quietly.

“This ends here,” he announced — and a struggle began.

At 6foot3 and 350 pounds, Garner had to be taken seriously. That he was also obese, diabetic and severely asthmatic — factors the ME said contribute­d to his death — should’ve given him pause, if nobody else, but it didn’t.

A video of the ensuing — fatal — struggle shows a cop trying to restrain Garner by placing a forearm across his throat. This was an apparent violation of longstandi­ng NYPD policy and a highly problemati­c tactic in any event.

Last Friday, the ME announced that Garner’s death was caused principall­y by the “chokehold,” along with chest compressio­n — and was, indeed, a “homicide.”

That was all Al Sharpton and his claque needed to hear: The arresting officers, they cried, needed to go to jail.

And it may come to that. But don’t bet on it.

Not based on the evidence we have so far, anyway.

Again, it was Garner who started the fatal fight. His death, while a tragedy for his extended family, doesn’t make him a martyr — and it doesn’t make resisting arrest any less of a crime.

The muchquoted ME’s “report” notwithsta­nding.

It is, in fact, no report at all, but, rather, a press release.

It’s an incendiary press release, for sure — all the more so coming from a public official who serves at the pleasure of a new mayor who is now walking a deliberate, but very thin, line when it comes to public safety.

The full report, such as it may turn out to be, isn’t yet public and likely won’t be for some time — although Staten Island DA Dan Donovan is no doubt studying it closely.

For the moment, though, two elements in the press release deserve attention:

The irresponsi­ble use of the term “homicide.” The word doesn’t mean “murder,” as Sharpton, et al. charge. It doesn’t even mean “crime.” It describes the death of one person, caused by another person, and it’s up to competent legal authority to sort out the details — which Donovan can be counted on to do.

The equally misleading use of the word “chokehold.” It’s not clear what that even means, not in any legal sense. Moreover, while “chokeholds” violate NYPD policy in most (but not all) circumstan­ces, they’re not illegal under state law. This could be of real significan­ce down the road.

Sharpton, of course, sees Garner’s death as a chance to enhance his own standing (what else is new?) and has found considerab­le traction with the de Blasio administra­tion.

What else could the mayor’s “roundtable discussion” last week have meant? De Blasio sat between Sharpton and Police Commission­er Bill Bratton, awarding moral equivalenc­e to the rabblerous­ing reverend and blurring Bratton’s authority to a dangerous degree.

Fine. David Dinkins used to do that all the time, and New York survived — though barely.

But not without acrimony — which was forthcomin­g Tuesday from Pat Lynch. Correctly so. The PBA head stood up for his members, as he should. As he must.

Meanwhile, the emergence of Sharpton as a publicsafe­ty player, the diminishme­nt of Bratton’s authority, and de Blasio’s seeming ambivalenc­e about it all suggest a Police Department that is going adrift.

New York has been there before. It’s not a happy place.

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