Again I Ready to Die Without a Reasonable Doubt

Eric Garner's Decease Volition Not Pb to Federal Charges for N.Y.P.D. Officer

Five years afterwards Mr. Garner'southward dying words, "I can't breathe," became a rallying cry, Attorney General William P. Barr ordered the case be dropped.

Credit... Demetrius Freeman for The New York Times

July xvi, 2019

[ For more than about police violence and unrest, go here ]

A contentious, yearslong contend inside the Justice Department over whether to bring federal civil rights charges confronting an officer in the death of Eric Garner ended on Tuesday after Chaser General William P. Barr ordered that the example exist dropped.

The Us attorney in Brooklyn, Richard P. Donoghue, appear the decision 1 day earlier the fifth ceremony of Mr. Garner's decease at the easily of law officers on Staten Isle.

[Update: Mayor Bill de Blasio nether pressure to fire officer in Eric Garner case. ]

The instance had sharply divided federal officials and prompted national protests over excessive force by the constabulary.

Bystanders filmed the arrest on their cellphones, recording Mr. Garner as he gasped "I tin can't exhale," and his expiry was one of several fatal encounters betwixt blackness people and the police force that catalyzed the national Black Lives Matter movement.

His dying words became a rallying cry for demonstrations that led to changes in policing practices beyond the United States.

Still, a Staten Isle m jury declined to indict Officer Daniel Pantaleo, who was captured on a video wrapping his arm effectually Mr. Garner's neck. The federal civil rights investigation dragged on for v years amongst internal disputes in the Justice Department, under both President Barack Obama and President Trump.

In the end, Mr. Barr fabricated the phone call non to seek a civil rights indictment against Officer Pantaleo, simply before a borderline for filing some charges expired.

His intervention settled the disagreement between prosecutors in the civil rights sectionalisation, which has pushed for an indictment, and Brooklyn prosecutors, who never believed the department could win such a case.

Listen to 'The Daily': A Conclusion in the Eric Garner Case

5 years after Mr. Garner's dying words, "I tin can't breathe," became a rallying cry, the Justice Section said it would not pursue charges confronting a New York City police force officer.

transcript

transcript

Heed to 'The Daily': A Conclusion in the Eric Garner Instance

Hosted by Michael Barbaro, produced by Michael Simon Johnson and Eric Krupke, with help from Jessica Cheung, and edited past Lisa Tobin and Marc Georges

5 years afterward Mr. Garner'southward dying words, "I can't breathe," became a rallying cry, the Justice Department said it would not pursue charges confronting a New York Urban center police officer.

michael barbaro

From The New York Times, I'm Michael Barbaro. This is "The Daily."

Today: The Justice Department volition not bring federal charges against the officer involved in the death of Eric Garner. Ashley Southall on why that determination was reached five years later "I can't exhale" became a national rallying weep.

Information technology's Wed, July 17.

Ashley, tell me what happened on Tuesday.

archived recording (richard donoghue)

Skilful morn. Thanks for coming today.

ashley southall

So the United states of america attorney for the Eastern District of New York, Richard Donoghue, whose office is based in Brooklyn, simply too oversees Staten Island, came out and said —

archived recording (richard donoghue)

Earlier I continue, permit me say, as clearly and unequivocally as I can, that Mr. Garner's decease was a tragedy. For anyone to die nether circumstances similar these is a tremendous loss.

ashley southall

They've done an exhaustive review. They've looked at every slice of testify, only —

archived recording (richard donoghue)

But these unassailable facts are separate and distinct from whether a federal crime has been committed. And the evidence hither does not support charging police force officer Daniel Pantaleo or whatever other officer with a federal criminal civil rights violation.

ashley southall

— that they would not bring charges against whatsoever of the officers involved in Eric Garner'south decease on July 17, 2014.

archived recording (richard donoghue)

We know and understand that some volition exist disappointed by this decision, but it is the conclusion that is compelled by the prove and the law.

ashley southall

He's making this announcement one day earlier the 5th anniversary of Eric Garner's decease, which is important, because for the accuse that they idea was advisable in this example, they only had five years to decide whether to bring information technology.

michael barbaro

Then this is basically the last possible moment to bring this charge.

ashley southall

Exactly. And at the end of the solar day, the prevailing consensus was that they could not do that in this instance.

archived recording (richard donoghue)

Consequently, the investigation into this incident has been closed.

michael barbaro

And remind us of the details of this case, of what happened to Eric Garner, where this case begins.

ashley southall

The case starts on July 17, 2014 on a hot summertime day in Staten Island. The police say that a homo by the proper noun of Eric Garner has died during an try to arrest him. There's no mention of whatever kind of use of forcefulness, no mention of a chokehold. And and then the next morning, the police and the public wake upward to this video.

archived recording (eric garner)

Every time y'all run across me, you want to mess with me. I'chiliad tired of it. This stops today.

archived recording

This guy right here is forcibly trying to lock somebody up for breaking up a fight.

ashley southall

It shows ii officers, Justin Damico and Daniel Pantaleo, approach Eric Garner on a street in Tompkinsville. And they accuse him of selling cigarettes. And he says, no, man, I'm not selling anything. I'm just minding my business concern. Leave me alone.

archived recording (eric garner)

Everybody standing here. They'll tell you I didn't do nada. I did non sell nothing.

ashley southall

This goes on for nearly 10 minutes.

archived recording (eric garner)

You lot desire to harass me? You lot want to stop me?

ashley southall

Officer Damico moves in to endeavor to handcuff Eric Garner, and he flails his hands abroad. And then yous have Officer Pantaleo attempt a takedown. They fall back into plate glass.

archived recording

Hold on, hold on.

ashley southall

Mr. Garner's 400 pounds. Officer Pantaleo is probably another 190, 200. The glass is going to buckle. So then they fall forward onto the sidewalk, and that's where they become Mr. Garner prone and handcuff him. And other officers take arrived at the scene by then. At that place are about seven seconds when you see Officer Pantaleo's arm effectually Eric Garner's neck. At some point, he releases, and Mr. Garner is maxim —

archived recording (eric garner)

I can't breathe. I can't exhale.

ashley southall

I tin't breathe, I can't breathe, I can't exhale. He ultimately says information technology 11 times.

archived recording

Over again, police beating upward on people.

ashley southall

E.K.S. somewhen arrives. They don't have any oxygen.

archived recording (speaker i)

Look, now, homo, they gave this human a seizure.

archived recording (speaker ii)

No, move out the manner. No.

archived recording (speaker three)

Information technology'south my brother. We live hither.

ashley southall

And he was later pronounced dead at the infirmary.

michael barbaro

What happens in the aftermath of this video being released?

ashley southall

So pretty much right away, there are calls for Officeholder Pantaleo to be fired and for him and other officers to be criminally charged, both for Eric Garner's death, simply also for the omissions of the apply of force from official reports.

michael barbaro

Because until this video is released, the officers involved in the run across, they oasis't mentioned any of the tactics that they've used.

ashley southall

Right. And then three things happen simultaneously. The constabulary Internal Affairs Bureau begins looking into the incident to see if any protocols were violated. At the same time, the Staten Island district attorney is looking at whether a law-breaking was committed and and so begins to present prove to a grand jury. And at the aforementioned time, the feds are also looking in on these investigations, trying to see what evidence there is. Merely at that moment, they're not yet investigating, because in that location'due south a local process that has to play out.

michael barbaro

And when you say the feds, you mean the Department of Justice.

ashley southall

The Department of Justice.

michael barbaro

So my sense is that this is all moving as would be expected in a case like this. Merely what's unlike is that a month after this happens, Michael Brownish is shot in Ferguson and the issue of how police force treat unarmed black Americans becomes a major national effect.

ashley southall

Correct. Just information technology's an issue that's been bubbling up for some time. If yous will opposite back to 2012, when Ramarley Graham was shot and killed by a New York Metropolis police officer, he was unarmed.

archived recording

Officer Richard Haste was indicted for manslaughter, but a judge reluctantly threw out the indictment in May on procedural grounds.

ashley southall

Then, a few weeks later, you have Trayvon Martin, who was killed by a vigilante in Florida.

archived recording

We accept just learned that the jury has determined that Zimmerman is not guilty of whatsoever crime.

ashley southall

And so you take Eric Garner in July 2014, followed by Michael Brown that August.

archived recording

The conclusion? That police officer Darren Wilson was not guilty of a crime when he shot Michael Brownish to death on August 9.

ashley southall

And then you have Akai Gurley and Tamir Rice within days of each other.

archived recording

A grand jury decided not to indict Timothy Loehmann, who shot and killed 12-year-old Tamir Rice.

ashley southall

Then people are seeing this pattern of unarmed blackness men and boys, and even some women, being killed by the police and no one being held responsible or answerable for their deaths. And that is the properties for the determination by the g jury in Staten Island in December 2014 that at that place isn't enough evidence to prove that Officer Pantaleo committed a crime.

michael barbaro

And so like the D.O.J. this week, the investigation past the Staten Island district attorney all the way back in 2014 finds that there's not sufficient evidence.

ashley southall

Yeah. And to the public, that's infuriating. Considering go along in mind that in the months betwixt Eric Garner's death in July and the grand jury's conclusion in December, the public has learned that the medical examiner, who is a pathologist, deemed this a homicide. And they also learned that, for at least 20 years, chokeholds have been explicitly banned by the police department. And what people saw on that video was an officer using a banned chokehold and Mr. Garner dying.

archived recording

(CHANTING) I tin't breathe. I can't exhale. I can't breathe. I can't breathe. I can't exhale.

michael barbaro

We'll be right back.

And what do we know about how this 1000 jury decided not to press charges in what seemed to so many, from the video, like a clear-cut case?

ashley southall

Ane thing that the grand jury likewise heard that the public did not was testimony from Officer Pantaleo about what he intended to practice. And he got up there in front of them and said that it was not his intent to employ a chokehold. It was not his intent to harm Mr. Garner or to kill him. It was his intent to bring him downward and affect an abort as he had been ordered to exercise

michael barbaro

And that testimony, it sounds similar, becomes of import, the question of intent.

ashley southall

Yep, because the standard of proof in a criminal case is that the prosecutor needs to prove beyond a reasonable doubt that the officeholder willfully acted in violation of the law, that it was an officer's intent and his will to violate the constabulary. And for that k jury, the determination not to press charges indicates that the evidence didn't meet that standard.

michael barbaro

And what about the fact that the use of a chokehold had been banned by police, regardless of intent? Didn't he use an illegal practice? And wasn't that weighed past the one thousand jury?

ashley southall

What Officer Pantaleo told the Internal Affairs Bureau, and later on the grand jury, was that he wasn't intending to utilise a chokehold. He said he was trying to utilise a seat-chugalug technique, which is a tactic approved by the N.Y.P.D. and taught at the Police University.

michael barbaro

It's some other kind of restraint?

ashley southall

Yeah. And what his lawyers accept also pointed out is that, whether it was a seat belt or a chokehold, in one case they're on the footing and Mr. Garner begins to grunt and say, "I tin can't breathe," he releases him.

michael barbaro

So after the district attorney decides not to press charges, what happens to the case of Eric Garner?

ashley southall

So yous'll remember that this whole time, the Section of Justice has been watching the investigation play out. And once the local investigation is done, it's now in their territory.

archived recording (eric holder)

Adept evening. I want to provide an update regarding the example involving Eric Garner.

michael barbaro

And when the Department of Justice steps in, Ashley, what are they looking at? Is it a new question or are they basically investigating the same things equally the city?

ashley southall

Then what the grand jury in Staten Isle was looking at was whether Officer Pantaleo committed a law-breaking.

archived recording (eric holder)

At present that the local investigation has ended, I'1000 hither to announce that the Justice Department will go along with a federal ceremonious rights investigation into Mr. Garner'southward expiry.

ashley southall

Here, the federal government is looking at whether his criminal offense was violating Eric Garner'southward civil rights.

archived recording (eric holder)

This afternoon, I spoke with the widow of Eric Garner to inform her and her family of our decision to investigate potential federal civil rights violations.

ashley southall

And in this instance, in that location were ii key things that they wanted to establish, or that they'd felt they needed to establish. Ane, that the force Officer Pantaleo used to subdue Mr. Garner was objectively unreasonable, that a police officeholder interim in those circumstances could take recognized what he did as just as well much. And so the 2nd matter that they wanted to institute was that his acquit was a willful violation of the constabulary, that he knew the law and that he acted in a fashion that disregarded it.

michael barbaro

And past those measures, did the Department of Justice feel that it had a strong case to bring against this officer?

ashley southall

Then this is the question that they were request themselves over the more than four years that they were investigating this incident. And there was a lot of disagreement between mostly civil rights prosecutors in Washington, who idea that they should bring charges and thought that there was enough testify at that place, and then the prosecutors in Brooklyn, who were going to be the ones who had to prosecute the case, who thought that information technology was not winnable.

michael barbaro

And what'southward your agreement of why those two sides disagreed? What was Washington thinking? And what was New York thinking?

ashley southall

From what nosotros know, it actually came downwards to the willfulness. On the video, some prosecutors thought that the fact that Officer Pantaleo kept his arm around Eric Garner's neck even afterwards they were on the footing showed that he willfully overlooked the police force. In Brooklyn, they were not and so sure. And part of that, you tin can imagine, is from Officer Pantaleo's testimony that his intent was non to injure him. His intent was to arrest him.

So all the while that prosecutors are conducting their investigation and dealing with these questions about whether they take a case and whether they tin win it, the White House changes hands from President Obama to President Trump. Nosotros go through a series of attorneys general — Eric Holder, Loretta Lynch, Jeff Sessions, who are all overseeing this example from Washington. So you end upwardly with Neb Barr, our current attorney general.

michael barbaro

And the decision ultimately —

ashley southall

Who ultimately makes the decision himself.

archived recording (richard donoghue)

In order for a federal criminal civil rights accuse to be brought, the government must prove beyond a reasonable doubt that an officer willfully used more forcefulness than he reasonably could have believed was necessary under the circumstances. And the law recognizes that police are oft forced to brand dissever-2d judgments in circumstances that are tense, uncertain and rapidly evolving.

ashley southall

Then one of the main questions of this case is whether or not Officer Pantaleo actually used a chokehold.

archived recording (richard donoghue)

Every bit Mr. Garner and Officer Pantaleo struggled, Officeholder Pantaleo held onto Mr. Garner and both men fell astern. In the process, Officer Pantaleo's body slammed against a store window, causing the window to buckle.

ashley southall

And in this explanation, Mr. Donoghue said, yep, he did.

archived recording (richard donoghue)

It appears that in response to that collision and to maintain a concur on Mr. Garner, Officer Pantaleo wrapped his left arm around Mr. Garner's neck, resulting in what was, in issue, a chokehold.

ashley southall

Simply here'south how prosecutors dealt with that question.

archived recording (richard donoghue)

Like many of y'all, I have watched that video many times. And each time I've watched information technology, I'thousand left with the same reaction.

ashley southall

There is an emotional side that looks at that tape and says —

archived recording (richard donoghue)

That the death of Eric Garner was a tragedy.

ashley southall

That's a tragedy.

archived recording (richard donoghue)

The task of a federal prosecutor, even so —

ashley southall

Merely then —

archived recording (richard donoghue)

— is not to let our emotions dictate our decisions. Our task is to review the evidence gathered during the investigation, like the video, to assess whether we can prove that a federal crime was committed. At the end of the mean solar day, however, the video and the other evidence gathered in the investigation does non found across a reasonable doubt that Officer Pantaleo acted willfully in violation of federal law.

ashley southall

What you lot see on video is very clearly an escalation past the officers to make this arrest for this very small crime. And it ends with Mr. Garner dying. And then the net effect is that Mr. Garner's punishment for allegedly selling cigarettes that 24-hour interval is decease. That, in many people's eyes, is too much. Simply in the eyes of the constabulary, the prosecutors hither, based not merely on the video, merely on the testimony of witnesses and the testimony of the officers, idea there merely wasn't enough.

michael barbaro

And then Ashley, it's been five years to the day that Eric Garner died during this interaction with the N.Y.P.D. And it at present seems like prosecutors seem to have closed the book on this case. What, if annihilation, happens now? Is this instance over?

ashley southall

Throughout these 5 years, Officeholder Pantaleo has been in a desk job without his gun or his badge. He hasn't been out on patrol. And —

michael barbaro

He remains on the strength.

ashley southall

Yes. There'southward this procedure underway in the Due north.Y.P.D. that volition ultimately finish with the police commissioner, James O'Neill, deciding whether or non he gets to stay on the forcefulness as a police officer or if he has to leave. And he could allow him to resign. He could fire him. Or he could but dock him some vacation days. That decision could take weeks, it could take months, or it could happen tomorrow. We don't know. But information technology'southward not over for him.

michael barbaro

And so what happens to him may finish upwards existence the accountability. It'southward not going to happen in a court, it seems. It's not going to happen at the federal court level or the commune attorney level, only information technology might happen inside the Due north.Y.P.D.

ashley southall

The Garner family has demanded for the final five years that Officer Pantaleo be fired. They have besides asked for the other officers who were involved in his death and those who filed official reports that didn't mention the chokehold, that didn't mention any uses of force, should as well exist fired and held accountable.

archived recording (emerald snipes)

I'm going to stand outside and I'thou going to scream it. Pantaleo needs to be fired! He needs to be fired! Don't apologize to me. Fire the officer. Don't give me your condolences. I heard that five years ago. We want justice, and nosotros want information technology today.

ashley southall

If that's what the family wants, they have quite the mount to climb. Officeholder Pantaleo is even so on the force. Half of the officers' names the family doesn't know, because the city has withheld them. Only the message from the family of Eric Garner today was loud and clear.

archived recording (gwen carr)

This is what nosotros have to live every twenty-four hour period. And you know what? Nosotros're not going to take this sitting down.

archived recording

That'due south correct.

archived recording (gwen carr)

This is non going down like this, because if it was i of their loved ones, it would take never went this far. So my son'due south death is non going in vain. We're going to fight this to the terminal straw if I'm the only one out on the street. And I've got all of these supporters behind me.

[music]

michael barbaro

Ashley, thanks very much.

ashley southall

Thanks for having me on.

michael barbaro

We'll be correct back.

Here's what else you need to know today.

archived recording

But you've stopped brusque of calling these comments racist.

archived recording (mitch mcconnell)

Well, the president's not a racist. The president'south not a racist.

michael barbaro

On Tuesday, top Republicans in Congress rallied to the defense force of President Trump, denying that his tweet calling on 4 Democratic congresswomen to render to the countries from which they came were bigoted and racist.

archived recording

Mr. Leader, were the president'south tweets that said "go dorsum" racist? Yes or no?

archived recording (kevin mccarthy)

No. And I exercise not —

michael barbaro

On Twitter, the president himself confronted the allegation, writing that, quote, "I don't have a racist bone in my trunk."

archived recording (nancy pelosi)

Every unmarried fellow member of this institution, Democratic and Republican, should bring together us in condemning the president'due south racist tweets.

michael barbaro

Hours later, on the House floor, speaker Nancy Pelosi introduced a resolution condemning Trump's attacks on Representatives Ayanna Pressley, Rashida Tlaib, Ilhan Omar and Alexandria Ocasio-Cortez.

archived recording (nancy pelosi)

To exercise annihilation less would be a shocking rejection of our values and a shameful abdication of our oath of office to protect the American people. I urge a unanimous —

michael barbaro

As Pelosi spoke, House Republicans demanded that she retract her description of the president's comments as racist.

archived recording (doug collins)

I was just going to requite the gentle speaker of the Business firm if she would like to rephrase that comment.

archived recording (nancy pelosi)

I have cleared my remarks with the parliamentarian before I read them.

archived recording (doug collins)

I take it — can I ask her words be taken downwards? I make a betoken of social club — the gentlewoman's words are unparliamentary and ready to be taken downwardly.

michael barbaro

House Democrats went on to pass the resolution with the support of but four Firm Republicans.

That's information technology for "The Daily." I'm Michael Barbaro. Come across you tomorrow.

On Tuesday morning, Mr. Donoghue called Mr. Garner's death a tragedy, only said "the evidence does non support charging Law Officer Pantaleo with a federal civil rights violation." He went over the abort step past stride, maintaining the authorities could not bear witness Officeholder Pantaleo willfully used excessive force to violate Mr. Garner'southward rights.

The Garner family unit and its supporters immediately condemned Mr. Barr's conclusion, proverb the Justice Section had failed them.

Mr. Garner'due south mother, Gwen Carr, shifted the pressure to Mayor Beak de Blasio of New York, calling on the metropolis to fire Officer Pantaleo and vowing to fight to hold the officers involved in the arrest accountable.

"Nosotros're not going away, so you can forget that," Ms. Carr said. "New Yorkers need to come up out and inundation this urban center tomorrow."

Video

transcript

transcript

'Bear witness Does Not Support' Charging Officer in Eric Garner'southward Death, U.S. Attorney Says

U.s.a. Attorney Richard P. Donoghue explained the Department of Justice'south determination non to file federal charges confronting a New York City law officeholder in the death of Eric Garner.

Permit me say as clearly and unequivocally equally I tin can, that Mr. Garner's death was a tragedy. For anyone to die under circumstances similar these is a tremendous loss. For the family to suffer as this family has for too long, has only compounded the loss. But these unassailable facts are divide and distinct from whether a federal crime has been committed. And the evidence here does non support charging Police Officer Daniel Pantaleo — or any other officer — with a federal criminal civil rights violation.

United States Attorney Richard P. Donoghue explained the Department of Justice's determination not to file federal charges confronting a New York City police force officer in the death of Eric Garner. Credit Credit... Richard Drew/Associated Press

The Rev. Al Sharpton, who was standing with her, added: "V years ago, Eric Garner was choked to decease; today the federal authorities choked Lady Justice, and that is why we are outraged."

At a after rally on the steps of City Hall, a parade of family unit members, customs leaders, local politicians and civil rights lawyers vented their fury at Mr. Barr and other officials.

Stuart London, a lawyer for Officer Pantaleo, said that his client was "gratified" to hear of the Justice Department decision.

Patrick J. Lynch, the president of the Police Benevolent Clan, said Officeholder Pantaleo had been unfairly singled out for blame and was carrying out a superior's orders.

"Scapegoating a skillful and honorable officer, who was doing his chore in the manner he was taught, will non heal the wounds this case has caused for our unabridged metropolis," Mr. Lynch said.

From the start, the Pantaleo investigation sharply divided the Justice Department.

Eric H. Holder Jr., Mr. Obama'due south attorney general at the time of Mr. Garner's death, said that testify strongly suggested the federal authorities should bring charges against Officer Pantaleo, even though information technology was notoriously difficult to prosecute law officers for deaths in custody.

The last time the federal regime brought a deadly strength case against a New York constabulary officer was in 1998, when Officer Francis X. Livoti stood trial on — and was eventually convicted of — civil rights charges in the choking expiry of a Bronx human being named Anthony Baez.

But the prosecutors in the United States attorney'due south office in Brooklyn, led by Loretta Due east. Lynch, did not believe they could win in court and balked at bringing charges.

In one case Ms. Lynch succeeded Mr. Holder in April 2015, notwithstanding, Vanita Gupta, the head of the civil rights division, and her lawyers convinced Ms. Lynch that the officers had very likely violated Mr. Garner'due south ceremonious rights.

Ms. Lynch allowed the ceremonious rights sectionalisation to accept a atomic number 82 role in the case, and the post-obit September the department replaced the F.B.I. agents and prosecutors who had been working on the case with a new squad from outside of New York.

The ii sides disagreed over whether the widely published video of Mr. Garner's arrest proved that Officer Pantaleo had acted wrongfully. Prosecutors in Washington D.C. accused their colleagues in Brooklyn of mishandling the investigation.

Image

Credit... National Action Network, via Associated Press

To the bitter end, prosecutors on both sides of the contend lobbied Mr. Barr in a serial of briefings; and Mr. Barr reviewed the video multiple times, officials said.

But information technology remains unclear if prosecutors interviewed Mr. Pantaleo, which would have helped establish his state of listen and intent when he put Mr. Garner into a hold. When asked whether prosecutors had interviewed the officeholder, a Justice Department official would say merely that the section had access to "statements relevant to that assay."

Mr. Barr, in the terminate, sided with prosecutors in New York.

Just information technology is ultimately upwards to Commissioner James P. O'Neill, the terminal arbiter of police force bailiwick, to make up one's mind whether to fire Officer Pantaleo or punish him in some other fashion.

However, the commissioner volition not make a formal decision until the constabulary administrative gauge who oversaw a disciplinary trial that ended in June renders her verdict, a spokesman for the department, Philip T. Walzak, said in a argument.

Image

Credit... Demetrius Freeman for The New York Times

Officeholder Pantaleo, 34, has been on desk-bound duty without a shield or a gun since Mr. Garner died, a status that has allowed him to accrue pay and pension benefits.

Senator Kirsten Gillibrand, Democrat of New York, called the Justice Department'southward decision an "outrage" and said the Police Department "must make their departmental findings fully transparent to the public and take firsthand actions to ensure this officer is no longer on the force."

Mr. Garner, who was 43, died on a Staten Island sidewalk on July 17, 2014, after Officeholder Pantaleo wrapped an arm effectually his neck from behind and took him to the footing. Other officers put their weight on him, compressing his chest against the pavement.

The officers had been ordered to arrest him for selling untaxed cigarettes, and he had resisted. A medical examiner testified at the disciplinary hearing that the pressure on Mr. Garner'due south neck and chest prepare in motion a fatal asthma attack.

Federal prosecutors did a "rigorous analysis" of the event, but in the stop they did not believe they had enough evidence to prove beyond a reasonable incertitude that Officeholder Pantaleo had committed a offense, a senior Justice Section official said on Tuesday, speaking on the condition of anonymity because he had not been authorized to speak on the record.

To prove criminal conduct, the official said, the government had to convince a jury that in the centre of a dynamic arrest Officer Pantaleo fabricated a clear decision to apply a chokehold, which the Police Department had banned more two decades ago. It was a burden that prosecutors did non believe they could run across, the official said.

None of the New York officers involved in Mr. Garner's decease accept been charged with a crime or disciplined past the Law Department. That fact has enraged the Garner family and various advocacy groups devoted to belongings the police accountable for abuses of power.

The state grand jury declined to bring charges against Officer Pantaleo in Dec 2014, after he testified in his own defense force that he did non put Mr. Garner into a chokehold, and that he had feared he would exist pushed through a storefront window during the struggle.

Image

Credit... Eduardo Munoz Alvarez/Associated Press

The Justice Department said Tuesday that it had weighed four elements in deciding whether to charge Officer Pantaleo, including whether he used unreasonable force, whether he willfully violated the constabulary, whether he acted in his official chapters as a law enforcement professional and whether the other person was injured.

Mr. Donoghue said prosecutors did not believe they could bear witness he had intentionally used unreasonable force. Even if they could prove the officer had used force that was "objectively unreasonable," the government would however take to show the officeholder did so "willfully," a very high level of intent.

The Brooklyn prosecutors who studied the video of the run across concluded that Officeholder Pantaleo did not initially intend to utilise a chokehold, and that he eventually did and so for seven seconds subsequently the two men crashed to the basis, Mr. Donoghue said.

Mr. Donoghue too said that Officer Pantaleo had released Mr. Garner from the chokehold before the dying man said "I can't breathe," and neither Officer Pantaleo nor the other officers subduing him practical a chokehold after that point. In the end, he said, the video "does non establish beyond a reasonable dubiousness that Pantaleo acted willfully."

Reporting was contributed by Ashley Southall, William Grand. Rashbaum, John Surico and Derek Norman.

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Source: https://www.nytimes.com/2019/07/16/nyregion/eric-garner-daniel-pantaleo.html

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