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It's been five years since Eric Garner's death triggered protests across the country, after a cellphone video of his last moments in police custody went viral.Now local and federal authorities are left with the looming question of what, if anything, should be done with NYPD Officer Daniel Pantaleo, who appeared, in the video, to have Garner in a chokehold shortly before he died. Pantaleo denies that he used a chokehold.The Department of Justice has not officially made a decision on whether Pantaleo will be charged with a federal crime, and the deadline to make that call is Wednesday -- the five-year anniversary of Garner's death.US attorneys with the Eastern District of New York have called a news conference Tuesday regarding the Garner case.Federal investigators have been examining the circumstances of Garner's death since 2014, after a grand jury in New York declined to indict the Staten Island officer.Meanwhile, the NYPD had brought departmental charges against Pantaleo. If found guilty of using the chokehold and restricting Garner's breathing, he could face discipline ranging from loss of vacation days to the loss of his job.And while Pantaleo's career, and possibly freedom, hang in the balance, a mother's grief remains, with each emotional scab reopened at every departmental hearing, anniversary and rally."Some days are my good days. Some days are my dark days," said Gwen Carr, the mother of Eric Garner who became an activist soon after her son's death and has remained a fixture at police reform rallies. "Some days I can hardly move around because I'm in deep thought."Carr spent Monday afternoon looking through photos from Garner on his wedding day. It's how she likes to remember him."Sometimes it's unbearable," Carr said. "I feel like it's my duty and my obligation. I do this for my son."Garner died on July 17, 2014, after police attempted to arrest the 43-year-old father of six, who was allegedly selling loose cigarettes illegally on Staten Island, a crime he had been arrested for previously.Garner's friend, Ramsey Orta, recorded the confrontation on his cellphone as it quickly escalated.In the video, Pantaleo can be seen wrapping one arm around Garner's shoulder and the other around his neck before jerking him back and pulling him to the ground.As Pantaleo forces Garner's head into the sidewalk, Garner can be heard saying "I can't breathe. I can't breathe."The phrase became the rallying cry of the Black Lives Matter movement. Marchers yelled the phrase as they took to the streets in New York in protest of Garner's death.Five years later, whether or not Pantaleo applied a chokehold remains the crux of the case. Activists and lawyers for the Civilian Complaint Review Board, the city agency charged with overseeing the NYPD, call it an illegal chokehold, which is banned by the department. But union officials and lawyers for Daniel Pantaleo call it a "seatbelt hold" a take down maneuver that is taught to rookies while at the academy.They blame Garner's death on his poor health. "Mr. Garner died from being morbidly obese" and having other health issues, Pantaleo's attorney, Stuart London, said earlier this year. "He was a ticking time bomb and set these facts in motion by resisting arrest."London says his client is different from other officers he's represented in his almost 22 years defending cops. The other officers were aggressive, young police officers, he said."(Pantaleo) has been characterized as an overly aggressive officer with a history of this sort of behavior, and nothing can be further from the truth," London said. "This was a regular patrolman doing regular police work."London says key facts of the case have been lost in the politics: that Pantaleo was ordered to arrest Eric Garner, for example. London also claims that the physical injuries that Garner sustained do not show evidence of a chokehold -- though the CCRB says they do.London has defended Pantaleo during his disciplinary proceeding, which has been prosecuted by the CCRB. Rosemarie Maldonado, the department's deputy commissioner for trials, oversaw the proceeding. It included testimony from the city medical examiner, who ruled the death a homicide; Pantaleo's former instructor at the police academy, who said he did not teach the officer the seatbelt maneuver; and a medical examiner from St. Louis, who reviewed the autopsy and said the alleged chokehold was part of a chain of events that killed the father of six.Now that the hearing is over, if Pantaleo is found guilty of using a banned chokehold, Maldonado can recommend he be terminated. Commissioner James O'Neill, who has final say in the matter, then would determine whether Pantaleo could keep his job.Meanwhile, Garner's mother said that the loss of Pantaleo's job wouldn't fix anything, but it would at least be something. Carr did not want to acknowledge the possibility that the time limit to federally charge Pantaleo with a crime could expire without any charges."It doesn't do a lot. It's just that we must have some type of accountability. Some type of responsibility. Where the police officers are held accountable and pay for their misconduct," she said. "If we just sit aside on the sidelines and let it go, it's going to keep on happening." 5277

It turns out losing a tooth is not as valuable as it once was. According to a survey released by Delta Dental on Thursday, the average payout from the Tooth Fairy decreased by 43 cents this year compared to last year. The average payout in the United States for a tooth left under the pillow for the Tooth Fairy is .70, according to the survey which was conducted in late December and early January. Two years ago, the average national payout was more than .50. The average payout by the Tooth Fairy also depends on the family region, and which tooth was lost. A child who loses their first tooth earned on average .96. Kids in the West earned the most money for losing a tooth, with the average payout being .19. It is a tough time for Midwestern children, as their average Tooth Fairy payout was just .97."While our Original Tooth Fairy Poll is rooted in fun, it is also interesting to see how parents are using visits from the Tooth Fairy as a learning tool in their home," said Jennifer Elliott, chief marketing officer for Delta Dental Plans Association. "Parents share that the Tooth Fairy is delivering so much more than a tangible gift for a lost tooth, such as teaching our next generation about proper oral health habits and personal financial responsibility in a memorable way."According to the Delta Dental survey, 56 percent of children claim they're excited by the Tooth Fairy; 30 percent go to bed early when they expect a visit from the Tooth Fairy; and 34 percent of parents believe the Tooth Fairy instills good oral habits. Justin Boggs is a writer for the E.W. Scripps National Desk. 1626

INDIANAPOLIS, Ind. -- The NCAA opened the door for college athletes to get paid from use of their name, image and likeness in a major shift in the rules governing collegiate sports.While some view this as a step in the right direction, others think this could lead to more problems.What this means is that college athletes will now be able to make money from sales of jerseys, commercials and signing endorsements.NCAA board members have asked each division to create new rules no later than January 2021.The rule will affect 1,1000 member schools encompassing nearly 500,000 athletes.This decision came one month after California passed a law allowing players to profit off their name which takes place in California in 2023.“As a national governing body, the NCAA is uniquely positioned to modify its rules to ensure fairness and a level playing field for student-athletes,” the association president Mark Emmert said in a statement. “The board’s action creates a path to enhance opportunities for student-athletes while ensuring they compete against students and not professionals.”This decision is currently being debated whether it’s a step in the right direction.Brian Gearity, a professor of sports coaching at the University of Denver, is an advocate for college athletes getting paid.“The idea that now we’re able to let athletes be compensated for their own images like we would anyone else is a good thing,” Gearity said. “Is it opening the floodgates to something else or power shifting – absolutely.” Before this new ruling, athletes did not see any profit for any type of memorabilia sold with their names on it.New York has a similar bill to California; however, it is proposing athletes could see 15 percent of the profits.“There’s going to be bumps in the road and there’s fear and anxiety and still people holding onto their power,” Gearity said. “But the point is to not get distracted. The ultimate goals are this is going to be a fairer and more equitable thing.”Cody McDavis, a former Division I basketball player for the University of Northern Colorado disagrees.McDavis said that he believes the NCAA did the right thing by making this a national ruling after California passed its law.“What you have if only one state has this is a huge recruiting advantage,” McDavis said. “But I still don’t think this is a fair and equitable ruling. What happens when we have student athletes receiving more than their teammates for the same amount of work on the team? What happens when we have women that are not being paid at all but are as equally deserving as their men counterparts?” McDavis said other sports like swimming, soccer and track could be left behind in the profits. “We’re talking about men’s basketball and football here,” McDavis said. “We’re talking about the best athletes in those sports. The truth is, there are options for those athletes. And it’s called the NFL or the NBA.”Joe Goldhammer, a professor of sports law and labor law, said this isn’t the final solution.He believes this could push athletes to a similar direction that was shot down at Northwestern University which is to create a union.“The Devil is in the details,” Goldhammer said. “The specifics of that are going to be very hard to work out and very complicated. The problem with this whole system is that it lacks equality and lacks fairness for the players. And you’re going to create another level of unfairness if we’re not careful. College athletes have been exploited over the years. The best thing for them is to stand up for themselves sand say what’s best for them and form a labor union.” 3615

Inside the Cocoa Beach, Florida restaurant Bacon and Blues, the music playing may be the blues, but the people are trying to remain upbeat and prepared. "Luckily, we have hurricane shutters; we've made a lot of ice," says owner Darci Kropp. She doesn't plan to close just yet. "We're kind of winging it,” Kropp says. "As long as we have employees here to work, we will work."Labor Day is usually a big day for business for this eatery. In fact, Kropp says this day last year was one of their best days. However, this year, Hurricane Dorian's threat is impacting business in this coastal beach town."It's a ghost town around here," Kropp describes. For the most part, only locals like Ken Holmes are still in Cocoa Beach. Depending on the forecast, even Holmes may leave to go to Tampa, but he is still holding on to hope. "We've never had a direct hit,” he says. “We've had a lot of close calls.”Kropp doesn't know what the storm will do to her restaurant in the coming days."We're just going to see how we make it and what's damaged," she says. "If we have power, how we hold up."Until then, the music and coffee will flow as long as it can. 1154

Imagine knowing you have pancreatic cancer and your doctor is unwilling to tell you how bad it is because they’re uncomfortable.That’s the situation Dr. Ron Naito, a now-retired physician, found himself in this past August.“It’s never an easy task to tell someone they have a terminal illness. How can it be?” Naito says, sitting on a couch in his home in Portland, Oregon. “I mean it brings your own mortality into the picture for one thing.”Naito has stage 4 pancreatic cancer, and as a doctor himself, he knows full well what that means. It can mean a person only has months to live.“Of all the major cancers, the one with most dire of all prognoses is probably pancreatic,” Naito explains. “Particularly what I have, which is stage 4. And I don’t think he felt comfortable telling me or discussing it.”Not only was one specialist unwilling to discuss the severity of his illness, but Naito found out about the size of his tumor from a second specialist in a less than optimal way, as well. He overheard the doctor talking to a medical student just outside his open exam room door.“They were walking this way and they said, ‘5 centimeters.’ He told the medical student. Then, they were walking the other way,” he recalls. “And I heard the words, ‘very bad,’ and I knew it was me, obviously. I know that pancreatic cancer if they exceed 3 centimeters, it’s a negative sign.”The doctor never did talk to him face to face about the precise size of his tumor.Naito says he didn’t think it was “very professional,” but even so, he has no anger toward his doctors. Instead he says it highlights how easy it is for a doctor to be careless.“They’re not uncaring. It’s just that they don’t have any experience or training. Nobody’s there to guide them,” Naito says. “And there’s no book on this. I mean you can’t go to the medical school library and check out a book on how can you deliver a dire diagnosis to patients. That book does not exist. I don’t think.”That’s why Naito not only choosing to speak out in the months he has left--despite his weakness--but it’s also why he’s given Oregon Health and Science University’s Center for Ethics in Healthcare a grant so people like Dr. Katie Stowers can teach the next generation how to better deliver news to someone who’s dying.“Unfortunately, Dr. Naito’s experience is not an anomaly,” Stowers says.Stowers is the inaugural “Ronald Naito Director of Serious Illness Education” at OHSU. Medical students under Stowers’ guidance must now pass a unique final exam, delivering grim news in mock scenarios.“It’s not that doctors don’t want to do better. It’s not that doctors are bad or inhumane, it’s that they just haven’t been taught how to do this the right way,” Stowers says.Naito, who has outlived his prognosis but estimates he may only have about six months left, says doing it the right way all comes down to one thing.“When you’re talking to your patient that has terminal illness, you have to realize your doctor and patient roles become a little bit blurred,” he says, fighting back tear. “Because, basically, you’re just two souls. You’re two human beings meeting at a very deep level. You’re in charge with giving this other person the most devastating news they will receive in their lifetime potentially.”It’s a very crucial moment, Naito says. 3314