In the wake of the decision by a grand jury in Missouri not to indict Officer Darren Wilson in the shooting death of Michael Brown comes a decision by a Staten Island grand jury investigating the death of resident Eric Garner while being arrested for selling loose cigarettes.

His death was brought on by an apparent chokehold allegedly applied by arresting officer Daniel Pantaleo.

In the video which was released shortly after Garner’s death, Garner is seen arguing with police as to why he feels they’re harassing him.

After one of the police officers approaches (presumably Pantaleo); Garner could be heard saying “don’t touch me.”

What happens next is what the grand jury had to decide. Was the hold an unauthorized hold as defined by the NYPD; or, as some police union officials say, a takedown move taught by the police department, not a chokehold, and that Garner’s poor health was the main reason he died.

The city Medical Examiner begged to differ, ruling the cause of death a homicide, and independent pathologist, Dr. Michael Baden, agreed, saying there was hemorrhaging on Garner’s neck indicative of neck compressions.

Making matters worse was the inaction of Four EMS workers who responded to the scene but apparently did not try to resuscitate Garner.

One legal expert claims that in order for the grand jury to indict Officer Pantaleo, they would:

“only if it found malice or some intention to hurt Mr. Garner or that a gross disregard for Mr. Garner’s well-being is what created the tragic ending during this routine arrest. Finding that the officer was careless or that the arrest was bungled will not rise to the level of a crime.”

Hmm, to my untrained eyes, it didn’t have to end this way.

Once Garner is down on the ground gasping for air, would it not have been feasible to end the take down hold right there and then - and allow the man to breathe given his girth.

I'm sure his weight played a factor in his demise as did his resisting arrest; but still, the arresting officer could have allowed Garner to breathe once he was down. He looked to me as though he held Garner's neck much too long.

Looks to me like the grand jury got it wrong!