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NYC Police Union Head Says Garner Made the Choice to Resist Arrest on The Day He Was Killed

The Patrolmen's Benevolent Association president said the grand jury's decision was correct, as a judge releases details about the proceedings.
Photo by Alice Speri

Two non indictments of two white cops for the separate deaths of unarmed black men within two weeks have succeeded in galvanizing Americans of all races in mass protests that have spread from New York and Ferguson, Missouri - the two cities where the killings occurred - to cities around the country.

Both cases have been compared and contrasted, mainly because in Ferguson, the grand jury heard conflicting eyewitness testimony and facts in the shooting death of Michael Brown, whereas the world - via social media - quickly became privy to viral videotaped evidence of police choking Eric Garner to death in Staten Island.

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Shortly after the grand jury's verdict in the Garner case was announced, the 43-year-old man's mother, Gwen Carr, said she couldn't believe the decision, especially given that a medical examiner had ruled Garner's death a homicide, determining that he had died due to "compression of neck (choke hold), compression of chest, and prone positioning during physical restraint by police."

Thousands of protesters then took to the streets in cities across the country, carrying hand-scrawled placards reading, "I can't breath" - the last words Garner gasped before dying. The demonstrations indicated a shared sense of disbelief at the outcome. So what happened exactly in those grand jury proceedings?

'Hands up, don't choke!': Non-indictment in Garner case sparks rallies across New York. Read more here.

Protesters marched in Boston on Thursday, December 4, as part of ongoing protests across the US about the issues of race and violence in policing.

On Thursday, a state judge granted the release of limited details of the grand jury proceedings - usually kept secret - which heard testimony from 50 witnesses over roughly nine weeks. Four videos were among 60 exhibits considered as part of evidence in the case brought against Daniel Pantaleo, the officer who locked Garner in an illegal chokehold.

But according to police reports, there was at least one plainclothes supervising sergeant at the scene of Garner's arrest on July 17, who provided testimony. Because the supervisor is responsible for the situation, the sergeant, who is black, testified under immunity that it was not the fault of his subordinate, and therefore Pantaleo shouldn't be indicted.

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As demonstrations gathered momentum Wednesday night, US Attorney General Eric Holder attempted to suppress clashes and violence by announcing that federal authorities would launch a civil rights investigation into the death.

Raw coverage of the Eric Garner protests in New York. Watch the VICE News video here.

The same evening, New York Mayor Bill de Blasio and his wife, Chirlane McCray, also expressed their disappointment at the decision during a meeting with Garner's father and community leaders in Staten Island. De Blasio took to the podium, saying it was a "a very painful day," and that as the father of a black man, he would have "to talk to [his son] for years about the dangers that he may face" when encountering police.

Protests, mostly peaceful, continued through Thursday and into the evening, with other rallies also springing up in other cities including San Francisco, Detroit, Atlanta, and Chicago.

- Alice Speri (@alicesperi)December 4, 2014

Crowd growing at Foley Square - Alice Speri (@alicesperi)December 4, 2014

Then, last night, the head of the police department's union further inflamed tensions by telling reporters that Garner caused his own death and shouldn't have resisted his arrest on July 17 for selling loose, untaxed cigarettes (also known as loosies).

"We feel badly that there was a loss of life," Patrolmen's Benevolent Association (PBA) President Patrick Lynch said. "But unfortunately Mr. Garner made a choice that day to resist arrest."

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Lynch also said that officers felt they had been "thrown under the bus" by the mayor's comments and defended Pantaleo, saying the officer had a "difficult job" and that he was "mature police officer who's motivated by serving the community. He's literally an Eagle Scout."

For now, Pantaleo remains on desk duty, and has had his gun and badge taken away pending an internal investigation into the incident. His attorney, Stuart London, said Thursday he was confident Pantaleo would not be prosecuted federally.

"There's very specific guidelines that are not met in this case," London said. "This is a regular street encounter. It doesn't fall into the parameters."

VICE News' Ryan Faith contributed to this article.

Follow Liz Fields on Twitter: @lianzifields