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Edit: Also, the hold doesn’t cut off air, it cuts off blood to the brain and de-oxygenates the blood that way, so breathing and talking is actually completely consistent with saying “I can’t breathe” because that is what it feels like, unlike, for example, they way a person would drown, who can’t talk with a mouth and set of lungs full of water. [/quote]
Your close.
Vascular neck restraints do not restrict breathing if they are applied correctly. Like I said in my earlier post, when a VNR is properly applied it restricts blood flow causing the subject to go unconscious in as little as 5 seconds. There is still enough blood flow to maintain life sustaining blood flow to the brain. Once the compression is relieved they can be out for up to 30 seconds before they regain full consciousness. complaints of not being able to breathe or the sensation of “having lungs full of water” WERE NOT CONSISTENT with what a properly applied VNS felt like to me or any of the other instructors that I went to instructor school with. How do I know this? Because as a Use of Force instructors we had to show proficiency in this technique by demonstrating it on each other numerous times before we were certified to instruct our students. I have been “choked out” with a VNS several times over the years and have never felt like my ability to breath was disrupted. When I came back to I felt a little dizzy and confused, but other than that I was completely fine.
Complaints of not being able to breath and the sensation of being crushed are consistent with what one would experience if they were “choked out” with a respiratory neck restraint. The NYPD officer very well could have partially crushed the subject’s airway making it very difficult for the subject to breath, by applying what he thought was a VNR (non-lethal)which was in reality a RNR (deadly force). A lack of knowledge or training is very probable with this officer. Either way, the officer violated NYPD’s Use of Force policy, which I have to believe he knew or should have known that he was violating it.
Like you said, preexisting conditions such as drugs or alcohol on board, medical conditions, obesity, and positional asphyxiation may have very well contributed and played a role in this death along with the partially crushed airway. Protecting a subject from positional asphyxiation is very standard procedure. I did not see this in the video. I find it hard to believe that any officer nowadays is not familiar with what this concept and how to safeguard their suspects against it. This concept became mainstream in the 90s with the pepper spray deaths and reinforced with officers when people were dying after being exposed to Tasers during the 2000’s.
I want to emphasis that even though my department’s use of force instructors are certified to instruct on neck restraints we do not permit our officers to utilize them for levels of resistance that don’t constitute a deadly threat.
They are a great tool for gaining compliance / control, however the benefit of using them does not out weigh the risk. Again this is a skill that needs to trained often and with repetition in order to be proficient with them. Bad things happen when inexperience officers attempt to employ techniques that they are not familiar with or “saw on TV”. Training or lack thereof IS the major reason why most departments lump all neck restraints into the “deadly force” category.