eric garner was not the only one choke holded like that.these situations. >> and the people who beat rodney king also were not -- >> they were acquitted. it's education and training. i agree. you need to educate the criminal justice system. you have to train them properly. they don't get proper education. just because you go through an academy eight months doesn't mean you know what you're doing. tactical training, shooting, it's all skills. you have to constantly be teaching and teaching, that way when something like that happens, you're not iffy or not sure what to do. you know what to do. you know not to put a chokehold. you know to release. at that point when he's on the ground, you need to say, okay, we've got him under control and relieve that pressure off of him. >> i wish we had more time. there's a show that comes on after ours. oh, wait a minute. it's your show. i have to let you go. >> we are going to talk about this on our show. >> excellent. good. we'll definitely be tuning in. toure, thank you so much. evy, thank you. wish we

eric garner's funeral is scheduled tomorrow in brooklyn.al at a staten island hospital on thursday after he was arrested for suspicion of selling loose cigarettes. here is the video of that arrest, the arrest that ended eric garner's life. >> don't touch me. don't touch me. i can't breathe! i can't breathe! >> what you just heard eric garner say is, every time you see me, you want to mess with me, i'm tired of me. he said, don't touch me, don't touch me, and then, i can't breathe. you heard him say that repeatedly. the choke hold you just witnessed being used on eric garner has been banned by the nypd for 20 years. other video shows eric garner lying motionless on the ground for at least seven minutes as police officers and emergency medical workers make no attempt to resuscitate him. four emergency medical workers have now been suspended without pay. and the nypd officer who used the choke hold on eric garner has been put on modified assignment and stripped of his badge and gun. according to the "new york daily news," excepts from the repo

it was a tragic case of eric garner. >> eric garner is the staten island man who died in police custody after an alleged chokehold. >> mr. garner was selling what's called in new york city loosies, untaxed cigarettes at 75 cents apiece. >> jon: sure, that's how it starts. but the next thing you know, that guy's selling gum one stick at a time and pringles by the chip. [laughter] pringles singles or springles, as they're known on the street. well, we can at least hope eric garner's senseless death marks the end of excessive force by police. >> the new york city police department says up to 1,000 reports of suspects being placed in illegal chokeholds may now have to be reviewed. >> nypd officials say the entire force may have to be retrained. >> jon: okay, retraining lesson number one: this is a camera phone. when that is pointed at you, officer, stop strangling the person. [laughter] for more, we turn to senior... [cheering and applause] oh, okay. i'm sorry. i didn't know senior black correspondent, i didn't realize we were talking about racial issues. i thought this was going to be the

well a week after eric garner died after being held in a chokehold by a new york police officer video of another man being wrestled to the ground in a similar fashion has surfaced and it's fuel to critics who say that using this outdated tactic is equivalent to attempting murder artie's on a sufi a turk in a reports. allah in new york yet another death after an altercation with police and asthmatic forty three year old father of six eric garner died after an officer called while being detained for allegedly selling bootleg cigarettes and this is also. a moment that we know witnesses say this actually occurred because eric garner broke up a fight on the street if you think. being in a video has gone viral the man audibly says i can't breathe at least ten times the choke hold that put on eric garner has been outlawed banned by the n.y.p.d. for twenty. but there have been one thousand complaints. several investigations into the cause of gardner's death are currently ongoing while the local community demands justice calling what happened an execution long time anti police brutality activi

and more on the choke hold death of eric garner. >> every time you are see me, you mess with me. i'm tired of it. don't touch me. >> tonight, we have the police report and a serious new question and other serious questions about first responders. stay with us. >>> it's the case outside detroit drawing similarities to the george zimmerman trial. the jury has been selected in the trial of theodore wafer in the killing of ranesha mcbride. what's the breakdown of the jury and what will it mean for the trial going forward? also, where is the humanity? tonight we have the police report and serious new questions on the chokehold death of eric garner by new york city police. stay tuned. but most of our empls live in the same communities that we serve. people here know that our operations have an impact locally. we're using more natural gas vehicles than ever before. the trucks are reliable, that's good for business. but they also reduce emissions, and that's good for everyone. it makes me feel very good about the future of our company. ♪ in the nation, the safest feature in your car is y

and the chokehold death of eric garner. he was laid to rest last night. troubling questions are emerging about the officer involved. avo: waves don't care what age you are. take them on the way you always have. live healthy and take one a day men's 50+. a complete multivitamin with 7 antioxidants to support cell health. age? who cares. i got to be prase is tough, but i've managed. i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing. when i finally told my doctor, he said my crohn's was not under control. he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and

>> you just heard eric garner's last recorded words, "i can't breathe."its own internal investigation of this arrest and stripped the officer of his badge and gun. before emergency medical workers, who responded to the scene, have also been suspended without pay. the nypd is also conducting another internal investigation of a violent arrest incident that was caught on video on a recent monday afternoon in harlem. [ inaudible ] [ inaudible ] >> because that police officer has not yet been formally identified, the network decided we should blur his face there. new york city police commissioner bill bratton may have had that incident and many, many others in mind yesterday when he said this -- >> the department really does need to do a lot more, a lot more in the area of training. a top to bottom review of all the training that this department provides to its personnel, specifically focusing on use of force. i would anticipate coming out of this effort that there will be a retraining of every member of the new york city police department in the weeks, months

get justice for eric garner. >> deblasio addressed the death of eric garner. >> a nypd officer placed him in a choke hold. a move that's prohibited by the department. >> we want to build that trust back. >> is this a rogue set of police officers? >> he can be heard 11 times saying he couldn't breathe. >> i can't breathe. i can't breathe. >>. my husband was not a violent man. >> garner demanded justice for her late husband. >> he was a quiet man, but he's making a lot of noise now, and -- >>> good evening to you, i'm ari melber. lawrence has the night off. new developments in a story that draws outrage around our nation. eric beganer, unarmed 43-year-old father of six died at the hands of the nypd. the incident is testing the relative lly new liberal mayor new york and celebrated police chief. today they addressed the city together. their first appearance since the mayor returned from vacation last week. mayor deblasio said he's making major structural reforms to address this kind of failure. >> a number of steps have been taken aggressively, a number more will be taken. all with a com

could eric garner's death have been avoided? leges excessive force like garner's takedown are really gaining a lot of attention all across the country. this one showing a suspect who allegedly tried to skip paying new york's $2.50 subway fare. in oklahoma, a man pepper sprayed as fife officers piled on after police say he refuses to show an id and gets combative. and who better to give us the police officer's perspective on all of this are my two following guests here. joining me on our "cnn tonight" task force we're calling them, bernard kerik, former commissioner of the nypd and lou palumbo, law enforcement agent for the nassau county police department. good to see you. you heard my last conversation when we heard about eric garner. could that situation have been de-escalated, those officers handle it in the proper way? >> yeah, if he didn't resist arrest. that's the first and foremost thing. if he complied with the arrest, whether it was a cigarette, whether he took that pen. once the officer says you're under arrest, whether

that is, of course, the death of eric garner. that death is still pending a final autopsy.coroner will not release that autopsy until an internal nypd investigation is complete. a case has also been opened by the staten island district attorney. so far one officer has been stripped of his gun and badge. another has been placed on desk duty but had it not been for this video you're seeing shot by garner's 22-year-old friend, it's very likely we wouldn't even know about this case. public advocate told supporters at a rally this week, quote, all street encounters should be videoed. as the same observer article points out, the police precinct where the incident took place was the 120th and was actually targeted for a pilot program suggested by a federal judge in the stop and frisk ruling that calls for cameras to be worn by police. joining me now is new york city's public advocate. thanks for joining me. thank you for rolling with us with all of this breaking news that's happening. so why do you believe that police in new york as some police officers do around the country, why

eric garner was taken to richmond university medical center where he was pronounced dead. e case is still under investigation, but so far the nypd officer who placed the apparent choke hold on garner has been stripped of his gun and badge and placed on desk duty and the four emergency medical service workers who responded to the scene and were initially placed on modified duty have now been suspended without pay. for a moment, let us not look at the outcome, but rather the policing tactic that contributes to the overenforcement of petty crimes, like the one police initially approached eric garner about on that fateful day. that tactic is called broken windows and a tactic that current new york city police commissioner bill bratton advocated in his previous tenure as mission commissioner of new los angeles. they go after minor offenses because they see it as a way to deter more violent crimes. the minor crimes littering, sitting on stoops and also selling lucies or loose cigarettes. broken windows policing is, in its variance, quality of life and stop and frisk affect africa

. >> what eric garner's family says they will do now. and up next i'll talk live with the reverend al sharpton who will speak at the funeral. and we'll talk with the man who recorded this video that sparked national outrage. plus, the democrat running for governor in arkansas is responding to a horrific domestic violence case within a vicious plan of his own. mike ross will join me live from a state that ranks among the worst when it comes to violence against women. plus, a security breech in the world famous brooklyn bridge with camera and security all over the historic site. how did someone or a couple of people scale to the top? we'll have a live report on the new security concerns. join our conversation online. you can find me @"newsnation." and my team is at "newsnation." i'm at tamron hall. ♪ start a team. join a team. walk to end alzheimer's. visit alz.org/walk today. yeah?om. we got allstate, right? uh-huh. yes! well, i found this new thing... called allstate quickfoto claim. it's an app. you understand that? just take photos of

tonight, a funeral service was held for eric garner. >> we have every right to want revenge. we have every right to be disappointed with the system. >> reporter: hundreds of people turned out to protest. >> you think we are not going to fight this one? you can get ready for the long haul. we are not going to stop until we get justice. >> reporter: and to mourn. asking how what seemed to be a routine arrest ended up with a man dying. for "nightline." i'm ron clayborne. >>> and with everybody copying her moves, who is the real sia? . how can i ease this pain? (man) when i can't go, it's like bricks piling up. i wish i could find some relief. (announcer) ask your doctor about linzess-- a once-daily capsule for adults with ibs with constipation or chronic idiopathic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. it helps you proactively manage your symptoms. do not give linzess to children under 6, and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help

. >> that was 43-year-old eric garner grabbed in the choke hold by an nypd officer and wrestled to thee he can be heard saying, i can't breathe, i can't breathe. i can't breathe. he was then left lying motionless on the ground for at least seven minutes with police officers making absolutely no attempt whatsoever to resuscitate him. when emergency medical technicians and paramedics arrived, they also made absolutely no attempt to administer cpr or resuscitate eric garner, the 43-year-old father of six was pronounced dead on arrival at richmond university medical center. the nypd officer who put eric garner in a choke hold has been placed on modified assignment and stripped of his badge and gun. the nypd banned the use of choke holds over 20 years ago. new york city mayor bill de blasio and bill bratton had this to say. >> i want to offer my deepest condolences to the family and loved ones of eric garner. he was a loving husband and caring father and grandfather. this is a terrible tragedy that occurred yesterday, a terrible tragedy that no family should have to experience. i have instr

look at what happened with eric garner.any officers -- officer number 99, the one that puts the alleged chokehold on eric garner, look how many officers are standing around observing him. his supervisor is there. he puts the chokehold on him, even as eric garner is pleading, i can't breathe, i can't breathe. he continues. why is he able to do that? and the other officers around him seem completely unphased by it. it doesn't cause any alarm among them. is it because this is something he has consistently done? is it an accepted practice? that's what's being investigated. >> let's pivot here. i want to talk about the renisha mcbride murder trial that resumes tomorrow. this is the case of the detroit man, theodore wafer, who shot and killed mcbride when she crashed her car near his house, knocked on his door for help. very early in the morning. we've already had two full days of testimony. the court heard a recording of wafer saying he did not know that his gun was loaded. if he didn't think that the shotgun was loaded, why wou

the issue, now, is whether or not eric garner had due process. whether or not he was judged, sentenced, and executed right there on the spot just because of probable cause which he denied the allegation of what he was doing. so, you know, i think that we have to look at this very, very carefully. there has to be accountability. and if mayor de blasio is going to be a different type of mayor, this is going to be addressed any differently. for a change, there has to be some accountability and some type of punishment for those involved in this case. >> yeah. jim, i want you to speak to that point, particularly because mark is putting his finger on that gap between what the mayor said, hey, i'm open minded, and what the police commissioner said which is apparently at this juncture, he's already figured out race wasn't a factor. that strikes me as putting a thumb on the scale and that matters a lot in the tone that is set for the police. and i want to read to you something that a lawyer who's been involved in some of these cases told the "new york dai

eric garner's wife broke down. >> yet again, another brother has been called home and we know that choke holds are illegal. so we asked ourselves why. >> reporter: his mother described garner as a gentleman. >> they shouldn't have did this to my son. he never hurt a soul. >> reporter: 43-year-old eric garner struggled with five new york city police officers as they tried to arrest him on a statton island sidewalk. a person nearby recorded the scene as officers pinned him down with a choke hold when he refused the handcuffs. you can hear him pleading with police to let go of him. police confronted the six foot three, 350-pound father of six of suspension of selling untaxed cigarettes. garner who had asthma died of cardiac arrest about an hour after the accident. choke holds are against nypd policy. the mayor is promising a thorough investigation. the city's medical examiner's office says more tests are needed to determine his exact cause of death. craig boswell, cbs news. >> one of the officers had his badge and gun taken away. another is on desk duty. >>> republican senator rand paul of

you were sitting here the whole time. >> reporter: an eyewitness recorded the arrest of eric garner. police say he was selling cigarettes illegally. >> don't touch me. don't touch me. ( bleep ). >> reporter: the officer in the green shirt appears to put garner in what's known as a choke hold. police say garner, who had a history of health problems, died of a heart attack on his way to the hospital. a political autopsy did not directly link the choke hold to garner's death, but the n.y.p.d. has prohibited the maneuver since 1994. >> the reason why choke holds are dangerous is because it blocks off the breathing which could eventually cause brain damage if the person is unconscious for a long period of time. >> reporter: former police sergeant joseph giacalone was on the n.y.p.d. force for 21 years. he told us department policy is clear, but things can get murk oat streets. >> when you're in the heat of the moment, the last thing you're thinking of well there's a procedure that says i shouldn't be around this person's neck. >> a choke hold makes it very difficult for wes to breathe, to

earlier in my role as president of the national action network, i accompanied eric garner's widow to possible steps in the case. once again, we stand at a crossroads for community police relations in new york city. we've been down this road too many times before. eleanor bumpers, a 66-year-old grandmother on october 29th, 1984, police came to evict her from a bronx apartment for being late with her rent. she was emotionally disturbed and holding a kitchen knife. police officers shot and killed her with a 12 gauge shotgun. anthony baez, he and his brothers were tossing around a football. it accidentally hit a police car and baez was arrested for disorderly conduct, he died after being placed in a choke hold by police. and on august 9th, 1997, the haitian immigrant was arrested in brooklyn, a police officer said later he mistakenly thought luema had punched him. he was taken into a restroom at the police officer, where an officer violated him with a broom handle. he spent two months in the hospital recovering. an immigrant from ginuinea was the doorway of his bronx apartment building,

five officers pinning down eric garner, and you can hear what he is telling them. >> i can't breathepolice were arresting him for allegedly selling untaxed cigarette on the sidewalk, but when the 6'3", 350 pound man refused the handcuffs, an officer appears to put him in a choke hold. about after hour after this video was made, the 43-year-old father was six was pronounced dead. his wife, esaw, was overwhelmed by grief at a rally today. >> my son is dead. he's leaving for college, on august 5, on full scholarship in basketball, and his-- his father didn't get to see him step in that school for the first day of school. >> reporter: despite his efforts to reformat n.y.p.d., mayor bill deblasio knows the video raises questions about police training and tactics. >> this incident was a tragedy. there will be a very thorough investigation. >> reporter: one of the officers involved latest in has had his gun and badge taken away. another is on paid desk duty. vanita nair, cbs news, new york. >> axelrod: and we'll be back. mayo, corn dogs...you are so out of here! ahh... the complete balanced

>> the investigation continues into the death of 43 year old eric garner while he was in the custodyew york police department. four medical workers have been put on death duty today after a new video emerged of his arrest, appearing to show the moments after he lost consciousness. here's ann-mar. >> green. >> its new video shows the aftermath of the confrontation between 43-year-old eric garner and five new york city police officers. garner laying on the ground still in handcuffs, his eyes are open but he appears unresponsive. >> the officers talk to him, check his pulse and empty his pockets. garner does not react even after a paramedic arrived. >> don't touch -- >> moments earlier another eye witness captured the confrontation. >> the police were arresting him for allegedly selling untaxed cigarettes. garner refused to be cuffed. one officer appears to put him in a choke hold. garner whose family says suffered from asthma complained of being unable to breathe. >> i can't breathe. >> police officials say garner died of cardiac arrest while being transported to the hospitalment but t

do you think eric garner looks like a suspect who needs to be subdued?in the way it was initially done. i have always said i would not want to be a cop on the streets of new york risking life. but cops are trained on a spectrum of force. they are allowed to respond to resistance with increasing force. but it has to be in response to the force. and mr. garner, while he did not want to be arrested had not raised to it a level where anything like a chokehold i think should have been used. the cops have to take control of the situation. but they have to do it in as calm a way as they can without accelerating it. >> you have won some previous cases against officer pantaleo. he is the officer in this case. tell me about the specifics of that case, and were you surprised when you saw the headlines this past weekend involving him and a chokehold? >> thanks, don. pleasure to be here. my clients, two men in their 40s, african american men in staten island were subjected to an illegal car stop by officer pantaleo and his team of plainclothes officers. they were pul

after the death of eric garner following a chokehold. number two, anarchy in chicago.of shootings in the windy city. is it, indeed, chaos there? and number three, the u.s. tax system is income and equality. which story do you think we should do next? we're going totally up the answers and report on it by the end of the week. >>> how a brutal conflict is emerging in the way of universal language wang. that's coming up next. don't wait for awesome... totino's pizza rolls... ...gets you there in just 60 seconds. how much dirt can we manufacture? more than you think. very little. [ doorbell rings ] what's this? what's that? swiffer sweeper. [ lee ] i came in under the assumption that it was clean. i've been living in a fool's paradise! [ the summer that summers from here on will be compared to.. so get out there, and get the best price guaranteed. find it for less and we'll match it and give you $50 toward your next trip. expedia. find yours. i think she tried to kill us. no, it's only 15 calories. with reddi wip, fruit never sounded more delicious, with 15 calories per se

and the shock ing death of a 43-year-old man named eric garner. new york city police used a choke hold to take him down. there is no excuse, no justification for this. stay with us. t the. in the nation, it's not always pretty. but add brand new belongings from nationwide insurance... ...and we'll replace destroyed or stolen items with brand-new versions. we take care of the heat, so you don't get burned. just another way we put members first, because we don't have shareholders. join the nation. ♪ nationwide is on your side ♪ ithe part of us that a littwants to play,on. wants to be mischievous, wants to run free, all you have to do is let it out. find your inner minion only at the despicable me minion mayhem ride at universal studios hollywood. >>> sarah palin found a new way to justify attacking president obama over the weekend. she invoked god. i'll have a somewhat less celestial response coming up. but first we want to know what you think. please head over to our facebook page and join the conversation that keeps going long after the show ends.

officer in staten island use a similar illegal chokehold on a forty three year old man named eric garner a police report of the arrest was related to garner selling untaxed cigarettes although witnesses at the scene tested the scene the police approached gardner simply for breaking up a fight and the man recording a video of the encounter even pleaded with officers not to go after garner who was simply doing the right thing in a potentially violent situation and fortunately for garner officers did what they often do when they run into a minority they quickly moved to arrest him put him in a choke hold until he lost consciousness and eventually died in the video garner who was as magic is heard struggling to utter the words i cannot breathe as police continued to strangle him to death the worst part of all is that this happens all too often in new york. city in an almost unbelievable statistic of wall street journal reported that in two thousand and eleven the n.y.p.d. stopped more young black men in the total number of young black men in all of new york hopefully eric garners death will

why did nobody render cpr to eric garner? he was there not breathing.cal moments when his life could have been saved perhaps. all of the police officers are trained in cpr. why didn't they attempt to revive him? >> it's something that occurs to everybody watching this. why not intervene more? the other element is here not just with the racial profiling, was there neighborhood profiling? rough neighborhood in staten island apparently 100 arrests, 100 summons and 650 911 calls in this particular neighborhood. would the same situation have played out in the same way had it been in a block with the different reputation? >> there's a veg ill for eric and his family that reverend sharpton are putting on and looking at the communities that have history 10, 20, 20-plus years of a really bad relationship with the police. the police knew the gentlemen. the conversation with him, they talked to him about cigarettes in the past. they knew who he was. they knew he was not a threat. and the reason why they said they choked him or restrained him is not obeying command

officer in staten island use a similar illegal chokehold on a forty three year old man named eric garner a police report of the arrest was related to garner selling untaxed cigarettes although witnesses at the scene tested the scene the police approached gardner simply for breaking up a fight and the man recording a video of the encounter even lead it with officers not to go after garner who was simply doing the right thing in a potentially violent situation and fortunately for garner officers did what they often do when they run into a minority they quickly moved to arrest him put him in a choke hold until he lost consciousness and eventually died in the video garner who was as magic is heard struggling to utter the words i cannot breathe as police continued to strangle him to death the worst part of all is that this happens all too often in new york. city in an almost unbelievable statistic good wall street journal reported that in two thousand and eleven the n.y.p.d. stopped more young black men and the total number of young black men in all of new york hopefully eric garners death wi

we don't know ramsey orta but he's the reason we know eric garner. he shot this on the cell phone. beginning of it saying officers are arresting garner for breaking up a fight. he had the forethought and courage to document the altercation. now that video provides crucial reporting of whatsapp. it changes this entire dispute from he said she said debate where one side is dead and can't speak to an incident we can all see. that's key because the initial police report downplayed what is so visible on the tape. now that video is potential evidence in these criminal investigations. as people use this video, as police and politicians debate its meaning, lets remember that just making this kind of video is still often barred by police. that's what police departments have done in states like illinois, florida, maryland, new hampshire. you can go to jail for years just for pulling out your cell phone. a few states have found a constitutional right to record police. while nypd says it allows such recordings, police sometimes do arrest people for doing it. in fact, a suit filed tuesday, just

officer in staten island use a similar illegal chokehold on a forty three year old man named eric garner a police report of the arrest was related to garner selling untaxed cigarettes although witnesses at the scene tested the scene the police approached gardner simply for breaking up a fight and the man recording a video of the encounter even lead it with officers not to go after garner who was simply doing the right thing in a potentially violent situation and fortunately for garner officers did what they often do when they run into a minority they quickly moved to arrest him put him in a choke hold until he lost consciousness and eventually died in the video garner who was as magic is heard struggling to utter the words i cannot breathe as police continued to strangle him to death the worst part of all is that this happens all too often in new york. city in an almost unbelievable statistic of wall street journal reported that in two thousand and eleven the n.y.p.d. stopped more young black men and the total number of young black men in all of new york hopefully eric garners death will

get justice for eric garner. >> deblasio addressed the death of eric garner. >> a nypd officer placed him in a choke hold. a move that's prohibited by the department. >> we want to build that trust back. >> is this a rogue set of police

. >> reporter: this video captures the final minutes of 43-year-old eric garner's life, but does it tell the whole story. new york city police officers can be seen trying to arrest him for trying to sell illegal cigarettes. 350-pound man appears to resist. one officer puts an arm around his neck. other officers wrestle him to the ground. >> he is not resisting, i'm not resisting. then it was i can't breathe. that's it, you see his arm get stiff. >> he was gentle giant. he would not hurt a fly! >> reporter: garner can be heard crying out. garner died an hour later at a local hospital. his mother is devastated. >> it was like they wanted to kill him. >> reporter: at a rally organized by al sharpton's national action network, garner's widow broke down. [sobbing]. >> reporter: new york city police commissioner william bratten said the video shows a choke hold being put on garner. >> this would appear to have been been a choke hold. >> reporter: friends and neighbors have left a makeshift memorial where he died, as the city promises a thorough investigation. the new york police department sai

it shows two plainclothes police officers confronting 43-year-old eric garner, his crime, allegedly sellingi'm minding my business. please leave me alone. >> reporter: finally the officers try to physically arrest him. garner appears to resist. >> one officer puts his forearm around garner's neck as other officers join in to wrestle the man down from the ground garner cries out -- >> i can't breathe. i can't breathe. >> his eyes rolled back of his head and then he just was not responding whatsoever. >> garner was taken to a local hospital where he was pronounced dead about an hour later. his cause of death unknown. >> nobody should have to die while being arrested. but mr. garner's medical condition may have been the cause of it and not the action of the officers. >> reporter: the mother of garner's infant daughter anguished and angry. >> they murdered him. they hurt him. they killed him, you know. >> new york police commissioner william bratten acknowledges the video appears to show a police officer applying a choke hold on garner, a move prohibited in the nypd. >> it is defined this would

eric garner at that point is lying on the ground. -- that officer number 99 has his hands, smashing eric garber's face into the sidewalk. all of these other officers are around. why do you still have him in a choke hold? why is that still necessary? that's an illegal -- the nypd banned the choke hold years ago. he's doing it. he has no problems doing it. the other officers aren't stopping him. that tells me that number 99 is -- that this is something that he's probably employed before. he feels very comfortable doing it in front of his supervisor and fellow officers. >> we have to see if that remains to be seen. that will come out, if this gets to a court. when it comes to the emts, is it their job to automatically start cpr? do they have to work always with police? whose side are they on? could they at all be culpable here? >> their job and duty is to render aid. at that point, when they got to the scene, i believe as it's been reported eric garner was already on the ground and unconscious. so their job is to render aid. doesn't mat