NYPD Officer Will Not Face Federal Criminal Charges In Eric Garner's Death

By Bobby Allyn

July 16, 2019

The Department of Justice will not bring criminal charges against the New York City police officer involved in the death of Eric Garner, according to the city's mayor. Officer Daniel Pantaleo could still face disciplinary action by the New York Police Department.

Garner's dying words, "I can't breathe," became a national rallying cry and a flashpoint in what would become the Black Lives Matter movement.

Federal prosecutors plan to announce Tuesday morning in New York that after a yearslong investigation, Pantaleo's actions in 2014 did not meet the bar of criminal activity.

"With the fifth anniversary of the tragic death of Eric Garner less than 24 hours away, federal law enforcement agencies have just announced they will not pursue charges against Officer Pantaleo. Years ago, we put our faith in the federal government to act. We won't make that mistake again," New York City Mayor Bill de Blasio said in a statement.

On July 17, 2014, police officers approached Garner out of suspicion that he was selling untaxed cigarettes on the sidewalk outside a Staten Island convenience store. The encounter was captured on bystander cellphone video, showing Pantaleo taking Garner to the ground and placing him in a chokehold. Garner later died. The fatal altercation became central in debates about the use of excessive force by police and the treatment of African-Americans at the hands of police.

NYPD policy prohibits use of the chokehold technique. Garner's death was ruled a homicide, though none of the police involved have been charged with a crime.

The Justice Department announcement marks the second time in which Pantaleo has avoided criminal charges in the death of Garner. In 2014, a Staten Island grand jury declined to criminally indict him, which New York Mayor Bill de Blasio called "very painful."

A year later, New York City officials paid out nearly $6 million to the family of Garner in a settlement.

Garner's family have long asked that Pantaleo face federal charges.

Pantaleo did face an internal disciplinary trial over whether he should be fired by the NYPD or not. A decision in that matter has not been made.

Since Garner's death almost five years ago, Pantaleo has been on desk duty in the New York Police Department.