A New York police officer accused of placing a 43-year-old black man in a chokehold that may have contributed to his death in 2014 will not face federal charges, US Justice Department officials said Tuesday. The decision effectively closed the five-year-old case that had fuelled national "Black Lives Matter" protests calling for police around the country to be held accountable for the deaths of unarmed African-Americans in their custody or facing arrest.
Richard Donoghue, the US attorney in Brooklyn, said there was "insufficient evidence" that officer Daniel Pantaleo broke the law or contributed to the death of Eric Garner when he placed him in a chokehold during an arrest on July 17, 2014. Garner, who was being detained for allegedly illegally selling cigarettes on a sidewalk, repeatedly said "I can't breathe" to officers holding him down and after Pantaleo pulled away from his neck.
He then appeared to lose consciousness, and the father of six was taken to a hospital where he was pronounced dead. "The death of Eric Garner was a terrible tragedy. But having thoroughly investigated the surrounding circumstances, the department has concluded that the evidence would not support federal civil rights charges against any officer," Donoghue said.
"We know and we understand that some will be disappointed by this decision but it is the conclusion that was compelled by the evidence and the law." The decision not to charge Pantaleo or any other officer came one day before the statute of limitations ran out on the case, and after years of pressure by Garner's mother and supporters for federal prosecution in the case after a New York state grand jury decided in December 2014 that there was not evidence to support homicide charges.
"The DOJ has failed us," Garner's mother Gwen Carr said. "I'm not feeling very good right now. But I still have hope," she said. According to reports, the decision not to press civil rights or other charges against any police officers was made by Attorney General Bill Barr. African-American rights leader Al Sharpton demanded that Pantaleo be fired, while New York Mayor Bill de Blasio expressed disappointment in the Justice Department.
"Years ago, we put our faith in the federal government to act. We won't make that mistake again," said de Blasio, who is running for president. The arrest of Garner by four officers was recorded by a bystander on a cellphone. The footage went viral and sparked an uproar.