The United States attorney in Brooklyn, Richard P. Donoghue, announced the decision not to bring criminal civil rights charges on Tuesday morning, one day before the fifth anniversary of Mr. Garner’s death. That is the deadline by which they would have to file some of the possible charges against the officer, Daniel Pantaleo.
Mr. Donoghue called Mr. Garner’s death a tragedy, but said “the evidence does not support charging Police Officer Pantaleo with a federal civil rights violation.” He went over the entire arrest step-by-step and said the government could not prove Officer Pantaleo willfully used excessive force to violate Mr. Garner’s rights as required under the law.
https://www.nytimes.com/2019/07/16/nyregion/eric-garner-case-death-daniel-pantaleo.htmlTo prove criminal conduct, the official said, the government had to convince a jury that in the middle of a dynamic arrest Officer Pantaleo made a clear decision in his mind to apply a chokehold, a burden prosecutors did not believe they could meet, the official said.
None of the New York officers involved in Mr. Garner’s death have been charged with a crime or disciplined by the Police Department, a fact that has enraged the Garner family and various advocacy groups devoted to holding the police accountable for abuses of power.