paul kallen. the prosecutor in staten island did not actually ask the grand jury to consider a lesser charge of reckless endangerment. you re a former new york prosecutor. does it surprise you why a prosecutor would not recommend, give the kind of full options to a grand jury? well, there s a huge menu of charges that might be appropriate in this case, so the prosecutor s trying to pick the best ones that fit the evidence and frankly, i don t think that would be the best charge. the best charge, i think, would have been it s a charge of criminally negligent homicide by commission. here s the theory. when they knock him to the ground and he s incapacitated and he s saying, i can t breathe, i can t breathe, he s in the custody of police officers and new york courts have held that when you are in custody, the police have an obligation and a duty to protect you. very different than the arrest duty. and by not getting him the help he needed and by making the