Still you.
Oddly enough resisting arrest does not only entail running away, but refusing to submit to arrest and not complying with orders to put your hands behind your back, etc, etc. And no, the cop did not "choke him out past the point where he was resisting but kept the choke on anyway." That is false. The officer had Garner in this "choke hold" for just a few seconds, an independent report said 7, I count more like 14, but nonetheless far short of choking someone out "behind the point where he was resisting," and instead basically what was required to get him on the ground. Garner started yelling "I can't breathe" immediately, which, again.... maybe you shouldn't have been fighting with the police and instead go with them willingly when you've been breaking the law if you have a pre existing condition. Dude was massive and had a heart attack. Again... attendant risk to fighting.
The chokehold the officer used was not illegal at the time he used it. Legislation afterwards (which I already addressed, above) made it illegal. On top of that, he released him well before he said he couldn't breathe. The reason he had a heart attack might well have been the stress over the entire encounter since he was ranting and yelling at the police for minutes beforehand. 10-15 seconds is not exactly choking the life out of someone.