that lawyer goes on to say the 43-year-old had his hands up and was only questioning his arrest when he was put in that fatal chokehold on a staten island street. >> he clearly was using excessive force. you have to understand, the -- this whole thing was about a suspected essentially administrative code violation of selling untaxed cigarettes, not even seeing it, just suspecting it. that's normally just a summonsble offense. you give someone a ticket and he show up in court. i don't understand why they wanted to be so aggressive. that aggressive policing, which he clearly was involved in that, what led to the actions here. >> is a possible explanation for that, whatever the underlying offense, no matter how minor, trivial, unusually policed, once they say we're going to arrest you, and mr. garner says, no, essentially, i'm mot going to let you arrest me, you have a different dynamic with police no