No charges against NY police in 2014 choking death of black man

A New York police officer accused of placing a 43-year-old black man in a chokehold that may have contributed to his death in 2014 will not face federal charges, US Justice Department officials said Tuesday.

The decision effectively closed the five-year-old case that had fuelled national "Black Lives Matter" protests calling for police around the country to be held accountable for the deaths of unarmed African-Americans in their custody or facing arrest.

Richard Donoghue, the US attorney in Brooklyn, said there was "insufficient evidence" that officer Daniel Pantaleo broke the law or contributed to the death of Eric Garner when he placed him in a chokehold during an arrest on July 17, 2014.

Garner, who was being detained for allegedly illegally selling cigarettes on a sidewalk, repeatedly said "I can't breathe" to officers holding him down and after Pantaleo pulled away from his neck.

He then appeared to lose consciousness, and the father of six was taken to a hospital where he was pronounced dead.

"The death of Eric Garner was a terrible tragedy. But having thoroughly investigated the surrounding circumstances, the department has concluded that the evidence would not support federal civil rights charges against any officer," Donoghue said.

"We know and we understand that some will be disappointed by this decision but it is the conclusion that was compelled by the evidence and the law."
After an autopsy, medical examiners called Garner's death a homicide, saying he suffered "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police."
The federal probe lingered for years before the department decided against charges Tuesday, a delay that Donoghue called "totally inappropriate."
New York Democratic Senator Kirsten Gillibrand, also running for president, called the decision not to prosecutor "an outrage."