Reforming The NYPD Must Be More Than A Show For The Cameras

"Yes, as defined in the Department’s patrol guide, this would appear to have been a chokehold," began Commissioner Bill Bratton’s response to a reporter's question during a City Hall media availability with Mayor de Blasio on July 18.

That was less than 24 hours after 43-year-old Eric Garner had been stopped by NYPD officers in Staten Island. In the process of questioning him, Garner engaged in passive defiance.

Garner, known to authorities as a person who sold loose cigarettes, had his hands up in the air when, as shown in a now widely seen amateur video, Officer Daniel Pantaleo grabbed him from the back in a chokehold. Pantaleo maintained the banned NYPD chokehold even though Garner is clearly heard in the video saying "I can't breathe!" several times as he is taken down onto the sidewalk and rolled onto his stomach.

The video has upset many and Bratton knew that it was going to force him into action. Bratton added at the 12-minute Blue Room media event, "For purposes of the Department, it would be an issue if it’s a violation of our policies and procedures. As to whether in any way shape or form a violation of law, that would be a determination of the District Attorney’s criminal investigation.”

He may not admit to it, but the seasoned and widely respected second-time NYPD commissioner's experience made it clear as soon as he saw the video that the force used by at least one of his cops, if not totally responsible for the death of the civilian, at minimum, contributed to it. 

On Friday the New York City Medical Examiner confirmed what many observers had already speculated to be the case, when it ruled Garner’s death a homicide. “Compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police," is how the medical examiner’s report described the cause of death. 

To be clear, “a finding of homicide by itself doesn't equal criminal culpability,” explained one expert, who spoke on the condition of anonymity, of the report’s conclusion. “It means that the death was caused by the actions of another person."

However, according to New York penal law, “Homicide means conduct that causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks under circumstances constituting murder, manslaughter in the first degree, manslaughter in the second degree, criminally negligent homicide, abortion in the first degree or self-abortion in the first degree."

The problem for Bratton—who appears visibly older and beleaguered these days—is that this is not the New York City of Rudy Giuliani, under which he served his first stint as police commissioner. There’s now a novice and inexperienced mayor in town who, seven months into his first year, is now grappling with a major incident that has received national attention, which he has no prior expertise handling.

Bratton must not only be perceived to be a leader on the issue of the use of force within the NYPD, he must actually be one. If the commissioner resorts to the usual platitudes then he and the mayor are going to have much bigger problems than they ever anticipated. Bratton’s recent comments to Errol Louis on NY1 criticizing his predecessor Ray Kelly for not adequately training his officers didn't do much to lend the commissioner credibility in how he is dealing with this critical area of concern. 

The proposed so-called “retraining” is quite frankly good for press copy and sound bites but doesn’t do much to rid the department of its cancer of abusive cops. 

The way I interpret the commissioner’s announcement that every NYPD officer would be retrained, is that he is branding his own men and women as a bunch of “locos.” That can't be good for morale among the department’s officers—the majority of whom are good and law-abiding.

Señor Bratton should request that each of his five borough chiefs pinpoint the precincts that have the hotheaded "cowboys" and then target them for immediate retraining. Better yet, place those potential abusers on assignments where they are away from public contact until they reform their ways or are booted off the force.

As one veteran retired detective, who is a fan of Bratton told me: “If Bill Bratton wants to be taken seriously as a real reformer of the NYPD’s excessive and violent practices he has to do more than pay lip service to this tragedy.” 

I made the following inquiry to the NYPD press office: “Based on the public and reported statements by Commissioner Bratton, can you tell me if the ‘extensive review’ of NYPD training procedures for POs has already begun? If it has, how long will it take to complete? If it hasn't, when is it scheduled to start and be completed? Also, can you provide me with a copy of the current training manual as it relates to the use of force by an officer?”

I'm still waiting for their response.

As far as the case against the police officers involved in the death of Eric Garner, especially Officer Pantaleo, that’s in the hands of Staten Island DA, Daniel M. Donovan, Jr.

Get to work, Commissioner, before some other black, Latino or minority father, husband, or son is choked to death.

City & State columnist Gerson Borrero (@gersonborrero on Twitter) is a political commentator to NY1 and NY1 Noticias, and the former editor-in-chief of El Diario La Prensa.