The case determining whether or not Eric Garner’s civil rights were violated in his 2014 chokehold death by New York Police Department officers is veering onto another path. According to official sources close to the case, speaking on condition of anonymity, the U.S. Department of Justice announced the special team of New York attorneys and agents investigating Garner’s death will be replaced.


The FBI officials in New York argue there is not enough evidence to initiate charges, however Civil Rights Division prosecutors within the Justice Department disagree. Neither agency has released statements on the latest turn of events. According to the New York Times, the ongoing dispute between the agencies is behind the prolonged two-year investigation.


Garner’s final words, “I can’t breathe” were captured on video, July 17, 2014 in the confrontation between him and the NYPD officers accusing him of selling loose untaxed cigarettes.


Photo: YouTube screenshot
Photo: YouTube screenshot

Garner is seen being placed in a chokehold by officer Daniel Pantaleo, an action which is banned by the department. After a grand jury declined in December 2014 to indict the officers involved, the man who recorded Garner’s death is the only person, to date, in prison, although for a separate case. A judge sentenced Ramsey Orta to four years in prison on drug and gun-related charges earlier this month.


A New York City medical examiner ruled the 43 year old’s death a homicide as caused by neck compressions. Garner’s death sparked an outcry for police accountability and called into question excessive use-of-force. Hundreds of thousands of people, including celebrities and athletes wore “I can’t breathe” clothing signaling a peaceful protest.





Before his departure as U.S. Attorney General, Eric Holder announced the federal investigation into Garner’s death. Current Attorney General, Loretta Lynch oversaw the early stages of Garner’s case in her work as United States Attorney for the Eastern District of New York before her federal appointment.


Officer Pantaleo’s attorney, Stuart London, maintains his client’s innocence and disagrees with the adjustments to the federal case. A federal civil rights criminal case would need to prove the officer involved intentionally violated Garner’s civil rights.


“If it is true that the Justice Department is rejecting the recommendations of seasoned F.B.I. agents and assistant United States attorneys, this is a gross miscarriage of justice. In our system of justice, politics should never take the place of the rule of law,” London told the NYT.


Pantaleo is now on modified duty and has received a significant pay raise since Garner’s death. With the inner workings of the case changing, there is no word on a deadline or if any officers involved will be officially charged.


Garner’s family never ceased in the pursuit of justice. As a father of six, Garner’s daughter, Erica continues to speak out against police injustices and makes her father’s legacy one never to be forgotten.



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