Officer involved in Eric Garner's death suspended; NYPD judge recommends he be fired

The judge determined Pantaleo used a banned chokehold to subdue Garner, 43, who had been suspected of selling loose cigarettes in Staten Island, NPR reported. The judge did not find Pantaleo guilty of intentionally restricting Garner's breathing, according to NPR.

"Today's decision confirms what the Civilian Complaint Review Board always has maintained: Officer Daniel Pantaleo committed misconduct on July 17, 2014, and his actions caused the death of Eric Garner," Fred Davie, chairman of the review board that served as the prosecutor for the case, said in a statement obtained by The Associated Press.

The review board and Pantaleo's attorney have two weeks to submit comments on the decision, NPR reported. In the meantime, police declined to comment on the recommendation.

"All of New York City understandably seeks closure to this difficult chapter in our city's history," Phillip Walzak, NYPD's deputy commissioner for public information, said Friday in a statement. "Premature statements or judgments before the process is complete however cannot and will not be made."

Police unions have accused officials of using Pantaleo as a scapegoat.

In a statement released Friday, Garner’s mother, Gwen Carr, said the judge’s report brought her “some relief” but was overdue and fell short of true accountability.

“It’s past time for Mayor Bill de Blasio and the NYPD to end their obstruction, stop spreading misleading talking points and finally take action for my son,” she said.

Garner's family also called for Pantaleo's immediate firing at a news conference Friday, The New York Times reported.

"This has been a long battle; five years too long," said Garner's daughter, Emerald Snipes Garner, according to the Times. "And finally, somebody has said that there's some information that this cop has done something wrong."

The president of New York City's largest police union, the Police Benevolent Association, called the decision to recommend Pantaleo's firing one of "pure political insanity."

"If it is allowed to stand, it will paralyze the NYPD for years to come," PBA President Patrick J. Lynch said. "The only hope for justice now lies with Police Commissioner (James) O'Neill. He knows the message that this decision sends to every cop: we are expendable, and we cannot expect any support from the city we protect."

The recommendation came two weeks after U.S. Attorney General William Barr declined to pursue a federal indictment against Pantaleo on civil rights charges, the Times reported.

Videos of the July 17, 2014, encounter taken by bystanders showed Garner, who was unarmed and black, telling officers, "I can't breathe" nearly a dozen times before he became unconscious. The medical examiner's office determined a chokehold contributed to Garner's death, the AP reported.

Videos of the incident spurred protests nationwide, turning "I can't breathe" into a rallying cry against police brutality and violence.

Pantaleo was stripped of his gun and put on desk duty after the incident but continued to draw a hefty salary since Garner’s death, with his pay peaking at more than $120,000 in 2017, according to city payroll records.

A grand jury in Staten Island declined to indict Pantaleo on state charges in December 2014.

The Associated Press contributed to this report.