In a radio appearance Wednesday night, Judge Andrew Napolitano told conservative radio host Hugh Hewitt the death of Eric Garner was a case of “criminally negligent homicide,” while also saying that this case is not “Ferguson, Missouri.”
“I think it is clearly a case for criminally negligent homicide,” Napolitano said during an appearance on The Hugh Hewitt Show Wednesday night.
“This is not Ferguson, Missouri,” Napolitano continued. “This is not somebody wrestling for your gun, this is not where you shoot or be shot at. This is choking to death a mentally impaired, grossly obese person whose only crime was selling cigarettes without collecting taxes on them. This does not call for deadly force by any stretch of the imagination.”
“Are you shocked that no indictment came down?” asked Hewitt.
“I am,” the Judge told the host. “This tells me that the district attorney didn’t want an indictment.”
“If any DA wants an indictment, he can get one,” Napolitano said. “The cliche is that a grand jury would indict a ham sandwich.”
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