Very intesresting questions, I did review some materials about this case to refresh my memory about it...
1 - Was the hold banned?
Yes,
this move was banned by the NYPD back in the nineties, however, that does not make it a crime to use.
2 - Did the cop use the banned move?
It would appear so.
3 - Did the person die that had the banned hold applied by the officer?
The answer to this question is not so simple. The proper question would be "Did the person die due to the use of the banned hold?"
The answer to that question is iffy at best.
a)
According to the video taken by the witness, the hold was used for a maximum of 15 seconds (1:22 -1:37 in the video) before being released, that is not long enough to cause unconciousness. And the victim was concious and still able to breath on his own after the hold was released. The evidence of that is that the victim was able to talk, and could be heard saying, "I can't breath" in a clear voice. His voice did not sound in any way like his breathing was compromised at any point during the video.
b) The autopsy report stated that there were no injuries to his throat. Typically, chokeholds can cause damage to the person's throat or windpipe that can block the airflow which is what causes deaths when they're used improperly.
c) In a manslaughter case in NY, prosecutors must provide proof that the cop intended to cause physical injury, and that the injury caused ultimately caused the death. With no physical injury to the man's throat, you can not prove that injury caused by the cop ultimately caused death, or that the cop knew that the injury he intended to inflict could result in the man's death.
Based on that info, I would agree with the Grand Jury's findings. They are based on the Law.
That is as far as Criminal Charges go. There is still the the possibility that this cop, the NYPD and possibly the FDNY EMS (for delay in providing care) could be held liable in a civil trial. I would expect that he and the NYPD are found civilly liable for contributing to causing the death.
Not too sure about EMS' liability, SOP is to monitor a "choking" victim until his airway becomes completely blocked or he loses conciousness. There is no evidence to support that they did anything outside of SOP in a choking case or were made aware of any other medical conditions Garner may have had.
You may not agree, but this is how NY Law applies in this case. Maybe the Law needs to be changed...