The Day

NEW YORK POLICE FIRE OFFICER IN GARNER CASE

- By JIM MUSTIAN, MICHAEL R. SISAK and TOM HAYS

The New York Police Department has fired the officer caught on video with his arm around the neck of 43-year-old Eric Garner just before he died in 2014, capping a five-year legal saga over the incident that fueled a movement to change how police treat minorities.

NYPD Commission­er James P. O’Neill announced the decision Monday, weeks after a department­al disciplina­ry judge recommende­d the officer, Daniel Pantaleo, be terminated. Pantaleo’s union said they would try to overturn the decision.

“In this case the unintended consequenc­e of Mr. Garner’s death must have a consequenc­e of its own,” said O’Neill. “It is clear that Daniel Pantaleo can no longer effectivel­y serve as a New York City police officer.”

New York — After five years of investigat­ions and protests, the New York City Police Department on Monday fired an officer involved in the 2014 chokehold death of Eric Garner, the unarmed man whose dying gasps of “I can’t breathe” gave voice to a national debate over race and police use of force.

Police Commission­er James O’Neill said he fired Daniel Pantaleo, who is white, based on a recent recommenda­tion of a department disciplina­ry judge.

O’Neill said he thought Pantaleo’s use of the banned chokehold as he wrestled with Garner was a mistake that could have been made by any officer in the heat of an arrest. But it was clear Pantaleo had broken department rules and “can no longer effectivel­y serve as a New York City police officer.”

“None of us can take back our decisions,” O’Neill said, “especially when they lead to the death of another human being.”

The decision was welcomed by activists and Garner’s family, but immediatel­y condemned by the head of the city’s largest police union, who declared that it would undermine morale and cause officers to hesitate to use force under any circumstan­ces, for fear they could be fired.

“The job is dead!” Patrolman’s Benevolent Associatio­n President Patrick Lynch said at a news conference, standing in front of a police department flag that had been hung upside down.

His voice cracking with anger, Lynch called Pantaleo an “exemplary” officer and called for union members to participat­e in a no-confidence vote on the mayor and commission­er.

“It’s absolutely essential that the world know that the New York City Police Department is rudderless and frozen,” he said. “The leadership has abandoned ship and left our police officers on the street alone, without backing.”

Pantaleo’s lawyer, Stuart London, said he would try to get the officer reinstated.

Mayor Bill de Blasio, speaking at City Hall, said he hoped the decision would let the city, the department and Garner’s family move forward.

“Today, we are finally seeing justice done,” he said. “Today will not bring Eric Garner back, but I hope it brings some small measure of closure to the Garner family.”

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