Judge recommends NYPD cop’s firing

Officer was accused of using a chokehold in Eric Garner’s death.

NEW YORK — An administrative judge on Friday recommended firing the New York City police officer accused of using a chokehold in the 2014 death of Eric Garner, an unarmed black man whose dying pleas of “I can’t breathe” became a rallying cry against police brutality.

The judge’s findings in the disciplinary case of Officer Daniel Pantaleo, 33, were provided to his lawyer and the city agency that acted as prosecutor at his department trial this spring.

Pantaleo’s lawyer will have about two weeks to submit responses before Police Commissioner James O’Neill makes a final decision on punishment.

“Today’s decision confirms what the Civilian Complaint Review Board always has maintained: Officer Daniel Pantaleo committed misconduct ... and his actions caused the death of Eric Garner,” said Fred Davie, head of the review board that served as prosecutor.

NYPD Deputy Commissioner of Trials Rosemarie Maldonado, the administrative judge, was tasked with deciding whether Pantaleo used a banned maneuver on Garner in a Staten Island confrontation. Pantaleo’s lawyers said he used an approved “seat belt” technique to subdue Garner, who refused to be handcuffed after officers accused him of selling untaxed cigarettes.

Videos taken by bystanders showed Garner crying out “I can’t breathe” at least 11 times before he fell unconscious. The medical examiner’s office said a chokehold contributed to his death.

The Rev. Al Sharpton, appearing with two of Garner’s children, called on the police commissioner to “accept the recommendation of the judge and do it right away.”

Last month, the day before the fifth anniversary of Garner’s death, federal prosecutors announced they would not bring criminal charges against Pantaleo.

Garner’s death came amid growing outcry over police killings of unarmed black men and boys that sparked the national Black Lives Matter movement.