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<blockquote data-quote="Nimnim" data-source="post: 1465693" data-attributes="member: 28856"><p>I don't know what charges the grand jury were presented the evidence under, but at best I'd say involuntary manslaughter would have been indicted so it was probably brought as murder of any degree. There was no intent to kill as far as I can tell and Gardner did not die on the scene. The medical definition of homicide is just death of a human by another. So if the actions by the officers could be said as a reason for the death amongst other health issues homicide would have been likely to be the cause of death.</p><p></p><p>I should look into the details of this one more if I want to comment again, but I have heard the NYC laws require strict enforcement against the tax evasion for people attempting to sell cigarettes like Gardner was suspected of doing, and Gardner was not shown to be cooperative before the physical altercation. His death is unfortunate, but I'm sure many can agree if Gardner didn't offer any resistance, verbal or otherwise and just spoke to the officers and moved along or accepted a fine/citation/whatever, there'd have been no physical force directed at him that potentially caused his death.</p></blockquote><p></p>
[QUOTE="Nimnim, post: 1465693, member: 28856"] I don't know what charges the grand jury were presented the evidence under, but at best I'd say involuntary manslaughter would have been indicted so it was probably brought as murder of any degree. There was no intent to kill as far as I can tell and Gardner did not die on the scene. The medical definition of homicide is just death of a human by another. So if the actions by the officers could be said as a reason for the death amongst other health issues homicide would have been likely to be the cause of death. I should look into the details of this one more if I want to comment again, but I have heard the NYC laws require strict enforcement against the tax evasion for people attempting to sell cigarettes like Gardner was suspected of doing, and Gardner was not shown to be cooperative before the physical altercation. His death is unfortunate, but I'm sure many can agree if Gardner didn't offer any resistance, verbal or otherwise and just spoke to the officers and moved along or accepted a fine/citation/whatever, there'd have been no physical force directed at him that potentially caused his death. [/QUOTE]
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