Despite disagreement between top prosecutors regarding the strength of the case, U.S. Pat. Eric Garner – with Attorney General Bill Barr stepping into to make the ultimate decision, a person familiar with
Garner, who was black, died in 2014 during his arrest for selling loose, untaxed cigarettes outside a Staten Island convenience store.
Fox News the DOJ's Civil Rights Division.
A senior justice official familiar with the case has been told Fox News the DOJ's Civil Rights Division Daniel Pantaleo – but the US Attorney's Office in the Eastern District of New York disagreed, saying the government's burden of proof could not be met.
Ultimately, the decision fell to Barr
In the video, taken by a bystander, Garner was heard crying out "I can not breathe" at least 1
FLASHBACK: ERIC GARNER CHOKEHOLD DEATH: NO INDICTMENT FOR NYPD COP, DOJ TO OPEN CIVIL RIGHTS SAMPLE
The decision not to take charges against Pantaleo comes a day before the statute of limitations was set to expire, marking Garner's death.
A state grand jury has refused to indict the officer on criminal charges. Civil rights prosecutors have advocated charges in the case, but they have met fierce resistance.
Garner's family and attorney were informed of a decision Tuesday morning. Al Sharpton, Garner's mother, Gwen Carr, Pantaleo.
"We are here with heavy hearts because of the DOJ has failed us," she said. Today we can not breathe because they have let us down. "
She added:" We want to keep pushing. "This is not the end
An attorney for the family said the DOJ's failure to bring charges against Pantaleo was a "national shame" 19659003] ERICA GARNER, DAUGHTER OF NYPD CHOKEHOLD VICTIM, THIS AFTER SUFFERING HEART ATTACK
Chokeholds are banned under police policy.
The medical examiner's office has said it will contribute to Garner's death.
The New York Police Department has brought up Pantaleo up on departmental charges earlier this year. An administrative judge has not ruled whether he violated policy. He could face dismissal, but Police Commissioner James O'Neill has the final say. O'Neill does not want to make a formal decision until the judge arrives in New York Times.
None of the other police officers involved in Garner's death have been charged with a crime or discipline by the Police Department.
"The steers of New York City are not safe with them," Carr said. "Tomorrow it could be yours … We are going to keep fighting."
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In the years since Garner's death, Pantaleo has remained on the job but not in the field, and activists have decried the fact he's still being issued paychecks that include union-negotiated raises.
New York Mayor Bill de Blasio
"New York City is not the same city it was five years We are a different city, and we must act like a different city, "he said. Garner's family in 2015 for $ 5.9 million.
The Associated Press contributed to this report.