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The decision we're minutes out from hearing mayor de blasio on the choke hold death of eric garner. the former police commissioner is also waiting to talk to us.
And people will gather tonight and as a top law enforcement official yourself, where do you draw a line between responding to something like that and someone who might, you know, god for bid, try to set fire to a building or worse. >> once they -- there's a line. it's a peaceful protest. they're not obstructing vehicular traffic -- but you're throwing something at someone. you're throwing paint or bottles. then it changes. >> yeah. then changes. that's a violation of the law. once they violate the law, then they have to be taken into custody. they have to be held accountable for their actions....
What is the mood there, rick? >> neil, obviously the nypd is on high alert. they have in anticipation of the grand jury decision. the grand jury returning no true bill. no indictment, no criminal charges to be filed against the police officer for that choke hold death of eric garner on july the. we can team you that garner's stepfather was here on staten island meeting with community leaders. visibly upset because of this lack of charges being brought against the officer. the mayor cancelled other events and came to staten island. he's meeting with local clergy and other city leader and will h...
Indictment against a police officer and that officer has also released a statement, neil, which reads in part it is never my intention to harm anyone and i feel bad about the death of mr. garner, my family and i include him and his family in our prayers. i hope they'll accept my personal condolences for their loss. the question is what happens in new york, neil? of course, the nypd has a lot of officers on the streets. the department is huge. 35,000, the largest in the world. we're told the officers are on 12-hour shifts. there's mandatory overtime. no one is taking days off. they have them on...
I think it is justified with all the racial tension that has started ever since the decision in ferguson. i do think this case is quite different. >> how so? >> i think in the ferguson case the use of force was justified based on what the witnesses testified to stating that michael brown charged at the officer, that the autopsy report show that he was in close range of the officer and possibly trying to take his gun. in this case based on the video, i don't think the use of force used was equal to what mr. garner did. i don't think it was justified. >> he was selling? >> he was selling cigaret...