Charges against New York officer urged in
2014 choke hold death: NY Times
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[April 21, 2018]
NEW YORK (Reuters) - Federal civil
rights prosecutors have recommended charging a white New York City
police officer for putting Eric Garner, an unarmed black man, in a fatal
choke hold during a 2014 arrest, the New York Times reported on Friday,
citing unnamed officials.
But senior officials in the U.S. Justice Department have reservations
about accepting the recommendation and indicting the officer, Daniel
Pantaleo, because the prosecution may not be able to win the case, the
Times reported.
Garner, a 43-year-old father of six, was stopped by police on July 17,
2014, for illegally peddling cigarettes on a sidewalk in New York's
Staten Island borough. Garner argued with police and was tackled by
Pantaleo, who brought Garner to the ground with an arm around his neck.
Choke holds have long been banned in the New York Police Department.
"I can't breathe!" Garner repeatedly said in a cellphone video of the
arrest that was widely seen. His dying words would become a rallying cry
for protesters across the United States under the nascent Black Lives
Matter movement, which is critical of racial disparities in the criminal
justice system.
Garner's death was ruled a homicide and the city agreed to pay his
family $5.9 million to settle a wrongful death claim.
In December 2014, a New York City grand jury voted against charging
Pantaleo in Garner's death, sparking further protests.
Garner's family has been critical of how much time the federal
investigation by the Justice Department has taken.
Pantaleo, who remains at the department on desk duty, could not
immediately be reached for comment and the department did not respond to
a request for comment.
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Demonstrators protest as they march to the location where Eric
Garner was killed on the one year anniversary of his death in New
York, July 17, 2015. Family and supporters on Friday marked the
anniversary of the police killing of Eric Garner with rallies and
vigils demanding police reforms and justice in the controversial
case. REUTERS/Lucas Jackson
The Justice Department declined to comment.
The police labor union called the Justice Department's handling of
the case "highly unusual and deeply troubling."
"It is long past time for the Justice Department's leadership to put
an end to this fishing expedition, close the case without charges,
and let Police Officer Pantaleo move forward," Patrick Lynch,
president of the Patrolmen's Benevolent Association, said in a
statement.
Federal prosecutors made their recommendations for charging Pantaleo
with civil rights violations in recent weeks, the Times reported,
and asked Rod Rosenstein, the deputy attorney general, to seek an
indictment.
Attorney General Jeff Sessions also has been briefed on the
recommendations, the Times reported.
The results of an internal police inquiry into Pantaleo's actions
have not been made public while the federal case continues.
(Reporting by Jonathan Allen and Daniel Trotta; editing by Jonathan
Oatis and Bill Trott)
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