Officer in ‘I can’t breathe’ death won’t be charged

NEW YORK — Federal prosecutors won’t bring civil rights charges against a New York City police officer in the 2014 choke hold death of Eric Garner, a decision made by Attorney General William Barr and announced one day before the fifth anniversary of his death, officials said.

The announcement of the decision not to bring charges against Officer Daniel Pantaleo comes a day before the statute of limitations was set to expire in the case that produced the words “I can’t breathe” — among Garner’s final words — as a rallying cry among protesters of the police treatment of black suspects.

“The evidence here does not support Officer Daniel Pantaleo or any other officer with a federal civil rights violation,” said Richard Donoghue, the U.S. attorney for eastern New York. “Even if we could prove that Officer Pantaleo’s hold of Mr. Garner constituted unreasonable force, we would still have to prove beyond a reasonable doubt that Officer Pantaleo acted willfully in violation of the law.”

Gwen Carr, Garner’s mother, and the Rev. Al Sharpton said they were outraged and heartbroken. Sharpton called for Pantaleo’s dismissal from the NYPD.

“We are here with heavy hearts, because the DOJ has failed us,” said Carr, who has become a vocal advocate of police reform since her son’s death. “Five years ago, my son said “I can’t breathe” 11 times. Today, we can’t breathe.”

A Justice Department official said prosecutors watched video of the confrontation “countless” times but weren’t convinced Pantaleo acted willfully in the seconds after the choke hold was applied.

There were two sets of recommendations made. The Eastern District of New York recommended no charges, but Justice Department civil rights prosecutors in Washington recommended charging the officer. Attorney General William Barr made the ultimate decision, the official said.

Officers were attempting to arrest Garner on charges he sold loose, untaxed cigarettes outside a Staten Island convenience store. He refused to be handcuffed, and officers took him down.

Garner is heard on bystander video crying out “I can’t breathe” at least 11 times before he falls unconscious. He later died. Michael Balsamo, Michael R. Sisak and Tom Hays are Associated Press writers.