Feds Will Not Charge NYPD Cop In Eric Garner Case

NEW YORK — The U.S. Department of Justice will not bring criminal charges against the NYPD cop who choked Eric Garner, Brooklyn's top federal prosecutor announced Tuesday, a day before the fifth anniversary of the Staten Island man's death.

Federal prosecutors concluded after a nearly five-year probe that there was "insufficient" evidence to support a civil-rights charge against Officer Daniel Pantaleo, who was on top of Garner has he shouted "I can't breathe" on July 17, 2014, according to U.S. Attorney Richard P. Donoghue.

"Mr. Garner's death was a terrible tragedy, but having thoroughly investigated the surrounding circumstances, the department has concluded that the available evidence would not support federal civil rights charges against any officer," Donoghue said at a news conference in Downtown Brooklyn.

After reviewing the well publicized video of Garner's arrest and interviewing more than four dozen witnesses, prosecutors determined the footage did not show Pantaleo "intended or attempted" to put Garner in a chokehold, Donoghue said. Prosecutors concluded they could not meet the high bar of proving that Pantaleo willfully broke the law, as is required to bring civil rights charges, he said.

U.S. Attorney General William Barr made the decision not to charge Pantaleo, Donoghue said. Barr was the fifth attorney general, and the third under President Donald Trump, to consider the case.

Garner's family and New York officials swiftly decried the decision and the length of time it took for prosecutors to reach a conclusion that failed to deliver justice.

"The DOJ has failed us," Gwen Carr, Garner's mother, told reporters Tuesday. "... Today we can't breathe, because they have let us down."

The NYPD said the Justice Department's decision would not affect the internal disciplinary proceedings against Pantaleo, which could result in the cop's firing.

But the head of the police union representing Pantaleo expressed confidence Tuesday that the cop would be exonerated.

"Scapegoating a good and honorable officer, who was doing his job in the manner he was taught, will not heal the wounds this case has caused for our entire city," Police Benevolent Association Patrick Lynch said in a statement.

The Justice Department started an investigation into Garner's death in December 2014 after a Staten Island grand jury declined to indict Pantaleo, sparking protests in New York City and beyond.

The probe remained open for nearly five years as senior Justice Department officials considered the case, a delay that Donoghue called "entirely inappropriate and unacceptable." He said he discussed the decision with Garner's family Tuesday morning before announcing it publicly.

City officials blamed the lengthy probe for the NYPD's delay in bringing disciplinary charges against Pantaleo. The cop's internal trial wrapped up last month, but the Police Department judge overseeing the case has not issued a decision.

"Years ago, we put our faith in the federal government to act. We won’t make that mistake again," Mayor Bill de Blasio said in a statement.

But Donoghue said that trial provided "one last opportunity to develop evidence that might have put us in a position to bring charges" — indicating the proceedings were a help, not a hindrance, to federal prosecutors.

Noting that the relevant law offers deference to police officers' judgments, Donoghue said Pantaleo attempted two NYPD-approved moves — an armbar and a "seatbelt" takedown — before his arm ended up around Garner's neck as he and other cops tried to arrest him for allegedly selling loose cigarettes.

In federal prosecutors' view, Pantaleo did not put Garner in a chokehold until they slammed into a window, Donoghue said. The cop kept Garner in the chokehold for about seven seconds — but removed his grip before Garner said he could not breathe, Donoghue said.

"Significantly, Officer Pantaleo was not engaged in a chokehold on Mr. Garner when he said he could not breathe, and neither Officer Pantaleo nor any other officer applied a chokehold to Mr. Garner after he first said he could not breathe," Donoghue said, repeating the point for emphasis.

The difference in size between the two men and Garner's resistance to arrest also played a role in why the incident went wrong, according to Donoghue.

But Fred Davie, the chair of the Civilian Complaint Review Board, which prosecuted the disciplinary case against Pantaleo, said Donoghue's characterization "directly contradicts" the evidence involved. The board's prosecutors showed "unequivocally" that Pantaleo committed misconduct worthy of his firing, Davie said.

"Regardless of the political motivations for the Justice Department’s failure to act, its decision should have no impact on the NYPD’s disciplinary process, which has a different standard of proof," Davie said in a statement.

Davie joined police-reform advocates in their calls for the NYPD to fire Pantaleo, who has been working a desk job since Garner's death. Police Commissioner James O'Neill is expected to decide by the end of August whether to fire the officer, the Associated Press reported.

"We all know that Pantaleo used prohibited and lethal force against an unarmed and non-violent man, and the duty now lies with the NYPD to demonstrate that officers are not above the law - by ensuring that Pantaleo will never wear an NYPD uniform again," Donna Lieberman, the executive director of the New York Civil Liberties Union, said in a statement.