I don't think it's clear that he was resisting arrest. First of all, he was saying, "Don't touch me." That suggests he was still trying to communicate with the two officers- from his standpoint, it hadn't escalated beyond discussion. There was no attempt on his part to escape or defeat the officers in a physical confrontation. At most, he waved his arms around and turned his body while trying to talk with the officers. This is why, the break in the video is important, IMO. Was it clearly communicated to him, that he was in fact, under arrest, and that failure to comply would result in physical escalation? In other words, a warning? I think part of why this video is so explosive is that it seems to happen with no warning.
Okay, since the chokehold is indeed banned in that locale, then the cop probably should have been charged for that, possibly as severely as second degree homicide, if it could be shown that the death was a direct result of the hold. That's not immediately clear since my understanding is that he died from respiratory problems and yet that chokehold clearly wasn't blocking off air since he could speak. Given the guy's health problems, it's entirely possible that even without the chokehold he would have died as a result of that scuffle, in which case second degree homicide would not be an appropriate charge. A lot would depend on what the coroner report indicated, since not all homicides are criminal in nature.
But yeah, the video has been so clearly edited at multiple points where it would have been reasonable for him to have been informed that he was being arrested, plus there was a clear edit at the point just before the police directly engaged him so that you can't tell from the video what happened immediately before that. Unless there's some unedited footage, then the video is worthless as evidence.
