NYPD officer won't face federal charges in death of Eric Garner

The family of Eric Garner, whodied in 2014 during an attempted arrest by New York police, has blasted federal prosecutors' decision not to bring charges against the officer on the case as a denial of justice.

Garner's death during an arrest for allegedly selling loose cigarettes and his gasped final words "I can't breathe," caught on bystander videoplayed a key role in the rise of the Black Lives Matter movement decrying excessive use of force by police officers against black men and teens in the United States.

U.S. Attorney Richard Donoghue confirmed the decision at a news conference Tuesday.

"The death of Eric Garner was a tragedy," Donoghue said. "The job of the federal prosecutor, however, is not to let our emotions dictate our decisions."

A lengthy Department of Justicereview of the incident did not reach a conclusive determination of whether Officer Daniel Pantaleo willfully committed misconduct, an "essential element" necessary to bring federal charges.

"The DOJ has failed us," Garner's mother, Gwen Carr, said. She saidshe wantsPantaleo fired.

"Five years ago, my son said 'I can't breathe' 11 times, and today we can't breathe because they let us down."

Wednesday will mark five years since the incident. A New York grand jury in 2014 declined to charge Pantaleo, who has been assigned to desk duty since Garner's death. He faced a disciplinary trial in May at New York City Police Department headquarters.

After meeting with federal prosecutors in Brooklyn, members of Garner's family joined civil rights activist Al Sharpton, who decried the decision as "a moral disgrace and judicial malpractice."

Presidential candidates critical

A spokesperson for the federal prosecutor's office in Brooklyn declined to comment on the report ahead of a news briefing. A spokesperson for New York's Police Benevolent Association union declined to immediately comment on the news.

Medical experts have determined Garner's death was a homicide induced by "compression of neck, compression of chest and prone positioning during physical restraint by police."

Pantaleo's lawyers have argued he did not use a chokehold, but instead used an authorized "seatbelt" hold that slipped as Garner struggled, and that the officer did not cause Garner's death.

"It is always a tragedy when there is a loss of life," Stuart London, a lawyer for Pantaleo, said in a statement. "Officer Pantaleo is gratified that the Justice Department took the time to carefully review the actual evidence in this case rather than the lies and inaccuracies which have followed this case from its inception."

A number of Democratic presidential contenders decried the announcement Tuesday, including Elizabeth Warren, Julian Castro, Cory Booker, Bernie Sanders, Tom Steyer and Bill de Blasio, who is New York City mayor.

"Years ago, we put our faith in the federal government to act," de Blasio said in a statement. "We won't make that mistake again."

Disciplinary decision still pending

The NYPD said its disciplinary process on Pantaleo will not be affected by the federal prosecutors' decision.

The Civilian Complaint Review Board, the city oversight agency that prosecuted the departmental trial against Pantaleo, called the Justice Department's long-delayed decision "an utter travesty."

"Our last hope for justice in this case lies with the police commissioner," CCRB chairman Fred Davie said in a statement. "CCRB prosecutors presented evidence at trial that showed unequivocally that Officer Pantaleo engaged in misconduct worthy of termination."

New York's Police Benevolent Association union welcomed the news.

"Although Mr. Garner's death was an undeniable tragedy, Police Officer Pantaleo did not cause it," PBA president Patrick Lynch said in a statement.

"Scapegoating a good and honourable officer, who was doing his job in the manner he was taught, will not heal the wounds this case has caused for our entire city."

Following Pantaleo's disciplinary trial, a departmental judge is due to make her recommendations to New York police commissioner James O'Neill, who will then ultimately decide whether to punish Pantaleo. He could lose vacation days or be fired.

In 2015, New York City officials agreed to pay Garner's family an out-of-court settlement of $5.9 million USto resolve a wrongful death lawsuit.

The incident, and other high-profile police killings of black men and teens in cities including Ferguson, Mo., and Baltimore, set off a wave of nationwide protests in 2014 and 2015.