NYC police set trial in chokehold death

NEW YORK — A New York City police officer accused in the chokehold death of an unarmed black man will face a department disciplinary trial next May — nearly five years after the man’s pleas of “I can’t breathe” became a rallying cry against police brutality, an administrative judge said Thursday.

The judge rejected demands from Daniel Pantaleo’s lawyer to delay the officer’s department trial in the death of Eric Garner until July, when time runs out for federal prosecutors to file civil-rights charges against him. The Police Department trial will start May 13 and could take about two weeks, the judge said.

Pantaleo, who is white, is charged with reckless use of a chokehold and intentional use of a chokehold in Garner’s July 2014 death in Staten Island.

Garner, a 43-year-old father of six, could be heard on an amateur video shouting “I can’t breathe!” as Pantaleo placed him in an apparent chokehold, which is banned under Police Department policy, after officers stopped him for selling untaxed cigarettes.

If convicted, the 33-yearold Pantaleo could face punishment ranging from the loss of vacation days to firing from the department. He was stripped of his gun and badge and placed on desk duty after the incident.

Pantaleo’s lawyer, Stuart London, said the officer used a takedown move taught by the police department, not a banned chokehold, and will be vindicated. After a brief hearing, his union issued a statement blaming the 350-pound Garner’s poor health and resisting arrest for his death.

Pantaleo, wearing a dark suit, didn’t speak during the brief hearing at police headquarters and lingered in the trial room with his head down as a crowd, including Garner’s relatives, emptied out.

Garner, who had asthma, suffered a heart attack in an ambulance and was pronounced dead at a hospital. The medical examiner ruled his death a homicide caused in part by compression of his neck from a chokehold.

A grand jury declined to indict Pantaleo in December 2014. The police watchdog agency prosecuting the disciplinary case, the Civilian Complaint Review Board, is seeking transcripts of that proceeding.