Grand jury decision not to indict a white Police Officer in the death of an unarmed black man. Their struggle is all caught on video. Right now i want to show you live pictures of the protests. They are large and growing in response to the decision not to indict. The story comes down to this. Cell phone video captured in july. What it shows is a 43yearold man, eric garner, who he was suspected of selling cigarettes on a street in Staten Island when police moved to arrest him. Garner raised his hands in the air but told officers not to touch him and they tried to subdue him, including one, officer Daniel Pantaleo. You see him grabbing garner in what looks like a chokehold, a tactic prohibited by the new york Police Department. Garner weighs 350 pounds, he was athletic and had a heart condition and you can hear him saying there, i cant blereathei cant breathe. He had a heart attack on the way to the hospital and died there. The medical examiner ruled it a homicide but the grand jury decided not to indict. And the police is out in force and the day shift officers were placed on over time and there is the Rockefeller ChristmasTree Lighting scheduled to be broadcast across the nation in an hour. And joe is near Staten Island where he was killed and we begin with deborah in time square. What is going on there . We were in time square and now we are in new york city. And you can see they are chabting. And they are penning people and funneling everybody in the same direction. To try to keep crowd control. And they have set up a complete perimeter around Rockefeller Center. We couldnt get we couldnt get close to radio city music hall and cant get close to the tree and the police had barricades so as protesters came, you were stacked into certain areas. There are protesters here. [ chanting ] and they are going to be here for a while. A lot of them holder folks, students. We are hearing there will be protesters coming out at 7 00 and a second wave of all of this going on through the night, getting toward the Christmas Tree. The police are in full force. And i hear them behind you, yelling no justice, no tree. This lighting of the Rockefeller CenterChristmas Tree will be broadcast around the nation and many protesters want to get there and some want to disrupt that. What did police do to try to put a barricade up there . Absolutely, you can see, there is massive crowd control going on here. We saw a corrections vehicle being brought in where they used to transport prisoners. We did not see anybody put into the van but we are now approaching 5th avenue and the crowds were such at one point they disbursed because everybody got lost and went in different directions. So now everybody is close to 5th avenue and can you see the stores here and they are all lit up. You have a combination of people who have come to see the Tree Lighting. They are not getting anywhere near it and neither are the protesters. So a very fluid situation but the police right now definitely keeping everybody funneled and together and making sure they dont get near the tree. Thank you very much deb. And the family of eric garner expressing the outrage of the grand jury not indicting the 43yearold father of six. Joe stanton is live outside where this incident happened. What has the family said so far since the grand jury decision came down late today . I think the reactions are about what you would expect, erin, quite frankly. This is the place where a lot of people have been showing up. It is not quite as loud as where deb was, not as boisterous, but people want to be heard. I saw just a few minutes ago the new york councilwoman deborah rose here speaking. But earlier, the father of eric garner came out here and he addressed this crowd very briefly. He didnt have a lot to say. He said he was hopeful that the federal investigation will give them a little bit more than what they wanted in terms of justice as it progresses. But when i talked to him, he also expressed concerns that he didnt want anything here in new york to turn violent. Hes concerned about that. He doesnt want people here to go through what his family has gone through since july when that altercation occurred out here in the street. Listen. I dont want no reason for nobody to get locked up and go through the same [ bleep ], that we have all of the time. What do you think happens next in have you talked to the lawyers a little bit about where well the feds are going to take over. And you are hopeful . Yes. Im hopeful they will give us the right decision. Now the widow of eric garner has also spoken out. She was spoken to apparently on the telephone by one of the local newspapers and here is what she said in part. Oh, my god, are you serious . This was apparently a reaction to learning the news of what the grand jury had decided. She said im very disapointed. You can see in the video he was dead wrong. That is referring to the officer involved in the altercation. The grand jury kept interviewing witnesses but you didnt need witnesses, you can be a witness for yourself. And this is oh, my god and then used an expletive, and this is crazy. Thank you very much. And none john hill and Jeff Hostetter and joining me on the phone is the editor in chief of global blind marching with the protesters tonight. But what i want to do is play that video. No matter what you think about it, it is hard to watch. Brought tears to my eyes as i watched it again and again. I want to play it with the sound up so everyone around the country who hasnt seen this before can see it and get your own point of view and then were going to talk about it. Here it is. Hold on. Dont touch me. Dont touch me. [ bleep ]. [ bleep ]. Damn, man. All right, stop, stop. Let me see your hands, buddy. Put your hands behind your head. I cant breathe. I cant breathe. I cant breathe. I cant breathe. I cant breathe. I cant breathe. Once again, Police Beating up on people right here. Back up and get on that step. Back up. That is hard to watch. No matter what you think of it. It is incredibly difficult to watch and what happened before you saw that was a back and forth where mr. Garner is talking to the cops and saying leave me alone, you guys are always arresting me. He did have an arrest record for petty crime. In this case they say he was trying to illegally sell cigarettes. Sonny, you are a lawyer and watched that video tape from start to finish and know the charges. Were you surprised the grand jury chose not to indict . I was absolutely stunned. When you look at the video tape, what else do you need. Clearly to me you see Excessive Force and an overreaction from the Police Department and so many people are talking about the fact that he was resisting arrest. This officer took him down with a chokehold from behind when his hands were up. So i see an unarmed man being nonaggressive, a chokehold which is a banned practice and i hear eric garner saying 11 times i cannot breathe. I know that a medical examiner ruled it a homicide. It is all on video. We see him die. Yet, no one is held responsible. There is no indictment. I mean, i see an indictment of our legal system that point. This just doesnt make sense to me. Im still stunned. Jeff, when you look at it. It is hard to understand how this could happen. This is a conversation where he is saying guys, leave me alone. Leave me alone. He is not just unarmed and not even being aggressive. Should the officer being indicted . Clearly mr. Garner didnt want to submit to arrest and the officers are left with a decision, how do we take this gentleman into custody using the least amount of force necessary. They chose to use openhand tactics and sometimes even nonlethal force has a bad out come. Weve seen people tazed that have unfortunately died. I mean the lesson to learn in ferguson and new york is dont resist the police and these could have been avoided. And it you take that argument, you cant have a conversation with them, which is what he was doing before the man came up behind him, as sonny pointed out, and put him in the chokehold. That is the problem here. Should you resist the police . No. Should you sell lucys on the street . No. But if you are black and outside, it can be a capital crime. The police did not use the path of least resistance. They came up behind him and choked him out and we all saw it out on video tape and now we are having a conversation about what we saw wasnt what happened here. With the case of Michael Brown and oscar brandt, and the leash is so long, it is the extra judicial killing of blacks in public space. Some people commit crimes. But you dont have to be perfect not to die at the hand of Law Enforcement. That is why so many peoples hearts are broken. Im up here in harlem and people are devastated. And i am stunned. After Michael Brown, this is exactly what i expected nirks terms of the grand jury, there were 14 white members, nine nonwhite members in Staten Island. In the county where this happened, the population 78 white and 12 black. Do you think that played a part in this . Without more transparency, quite frankly, with the grand jury and how it was presented to the grand jury, i cant dev definitively say that. We do know in new york, a native, Staten Island is the most conservative bureau and it is predominantly white and new york city has a history of Terrible Police practices, including the stop and frisk that a federal judge found to be in excess. In september our Police Commissioner told the city council that officers are too aggressive when policing minority neighborhoods. We know there was a racial component and whether it was part of the grand jury decision, i dont know. But i do know there must be a special prosecutor, quite frankly, when you have Police Officerinvolved shootings or deaths. You must have it. Because you cant expect prosecutors who have a very close relationship with Police Officers to present grand juries. And jeff, when we look at that video and you see the officer Daniel Pantaleo who has not been indicted come up behind eric garner and put his arm around him in that chokehold and then you hear multiple times eric garner saying i cant breathe, i cant breathe but they dont remove the chokehold. How is that defensible . I know it is hard you werent there, but when you saw it, what did you think about that . I dont claim to know as much about this case as i do the Michael Brown case. And sonny shouldnt present she knows some sinister things going on behind closed doors in the grand jury just like i dont pretend to know what evidence was presented there. Those grand jurors heard the evidence and they deliberated and they reached a verdict and that is how our system works. I hope that the prosecutors in new york release information from the grand jury proceedings so we can have the same sort of transparency we did in st. Louis. But that didnt do anything here to keep the crowd response from evolving to terrible violence. All eyes are on new york city as the crowds gather. Thank you very much to all three of you. Next we are live on the streets of new york city. Violence growing and heavy police on hand. And standing by in harlem, the family of eric garner will be visited by al sharpton. And one minute he was selling cigarettes on a Police Corner and the next hour he was dead at the hands of police. Ahead, who was eric garner . Im mike, and im very much alive. Now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. Be sure to talk to your doctor before you begin an aspirin regimen. How can in china,sumption impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u. S. . At t. Rowe price, we understand the connections of a complex, global economy. Its just one reason over 70 of our mutual funds beat their 10year lipper average. 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Ive got the meat sweats. This is good ham, diane. Paperless discounts give it a rest, flo. All yeah, flo, give it a rest. When a pro at any 2014 pga tour event sinks a holeinone, quicken loans could pay your mortgage for an entire year. Truly amazing enter today at pgatour. Com quickenloans breaking news. Protesters gathering across new york and across the nation after a grand jury decided not to indict a white Police Officer in the death of an unarmed black man. New york city Police Officers are out in full force tonight in apt is Police Station of huge crowds. We are standing by for two major press conferences, eric holder is about to address the grand jury decision and the Garner Family, eric garner, the man who was killed, his family will make a statement all coming up. We are awaiting both of those. The minute they start well bring them to you live. But the failing encounter that led to all of this was caught on tape. Eric garner raised both of his hands and officers put him if a chokehold, the officer from behind Daniel Pantaleo put him in the chokehold and the medical examiner later ruled the death a homicide. The grand jury heard that and other evidence and decided he was not guilty. And joining me, lamont hill, where the family will shortly be addressing the nation. Harry, let me start with you. When you watch this, you can see it accelerated quickly. It started leave me alone. You guys are always picking on me. Harmless conversation. And then a guy comes from behind him and the officer Daniel Pantaleo puts him in a chokehold and gets him down on the ground and he says i cant breathe. I cant breathe. Appropriate use of force . Certainly. Because he is now resisting arrest. When a Police Officer tells you you are under arrest, you are supposed to comply. When he didnt comply, when the officer saw him getting restless, the officer came behind him and basically that is not a chokehold. I used to wrestle, that is not a chokehold. If he was in a real chokehold, he couldnt be able to say he couldnt breathe because it cuts off the blood. So you are saying a real chokehold would have been worse . A real chokehold, yes. If it was a real chokehold, but it was not. When you see it paul, a real chokehold . Does it make a difference . It makes it a big difference. Nypd prohibit chokeholds. The chokehold is not illegal in new york, but the cops say we dont want you to use it because it is a dangerous kind of hold. I dont have the expertise to characterize whether that was a chokehold or not. I do have to agree this was a suspect placed under arrest and the police sl the right to police have the right to put the cuffs on him and take him into custody. Please go ahead. I think were using sem aboutics on what a chokehold or not a chokehold. But the medical examiner ruled death by homicide, compression of check and compression of prone positioning during physical restraint by police. So i think were sort of getting into the weeds of whether this was a chokehold or not. I do believe when i look at it from a former prosecutors perspective, it is clear to me that that was the use of Excessive Force. I dont know, and im sure, officer, you will disagree with me, when you talk about resisting arrest, ive seen a lot of resisting arrest cases and we are having a man with his hands up saying dont touch me. You cant say it is not excessive for an officer to come up from behind, choke him, use a tactic that has been banned by Police Procedure in Police Procedure and somehow say that that was an appropriate use of force. Im sort of surprised. How do you let me say something. What a lot of people dont understand is that man was a big man. Now im a big guy, all right. 64, 220 pounds and i worked up in harlem back in the ear early 80s. When you take a guy like that down, the only way to take him down is by the neck, all right. Unless you want me to beat him with a night stick. But those guys were all in great shape. It doesnt matter. He was overweight and clearly not a fighter. Ive had cases where little guys and four or five guys like me couldnt handcuff the guy. But what about taking him down and the escalation of force. The law clearly states and as you do know, also, mrs. Prosecutor, that a Police Officer may use what force he needs to effect a legal arrest. Okay, once the Police Officer started to feel themselves in danger by saying, get away from me, why are you always bothering me, you have to take this guy down. He could have just turned around, he could have just turned around and put his hands behind his back and be handcuffed and he would be alive today. Was he being aggressive . Of course that is being aggressive. If you have a Police Officer working the street, okay, and you dont know now what is he g