Police Officer Involved In Eric Garner Case Will Face A Disciplinary Hearing

Gwen Carr second from left mother of Eric Garner an unarmed black man who died as he was being subdued in a chokehold by police officer Daniel Pantaleo nearly five years ago and his sister Ellisha Garner second fro

And officer Daniel Pantaleo stands accused of breaking protocol by cutting off the 43-year-old's air passage with a chokehold that the New York Police Department had banned years before Garner's 2014 death.

Eric Garner's sister left a New York City courtroom wailing as a video was played showing the 2014 arrest that led to his death.

Ellisha Garner buried her face in her hands and began whimpering as the video was shown at the departmental trial of NYPD cop Daniel Pantaleo. Garner shouted at officers as they approached him, saying: "Every time you see me, you want to mess with me". London said part of his defense case would focus on attacking the medical examiner's report, which he called a "political document" and "the worst possible autopsy ever done".

Eric Garner, seen in this undated Facebook photo, died while being arrested by police in Staten Island.

"His last words, 'I can't breathe, ' tell you who caused his death", Jonathan Fogel, a prosecutor for the Civilian Complaint Review Board, said during opening statements.

Video of the struggle on a Staten Island street corner quickly went viral, amplifying Garner's plaintive pleas of "I can't breathe" into a rallying cry in the face of police brutality against unarmed black men and women.

The video sparked a national outcry about policing tactics and Pantaleo, 33, could be fired after the conclusion of what is expected to be a 10-day trial at the New York Police Department's headquarters in Manhattan. The ultimate decision will rest with Police Commissioner James O'Neill.

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The CCRB was trying to charge Pantaleo with felony and misdemeanor offenses and, using the NYPD's Patrol Guide to prove he used excessive force on Garner.

A ruling last week required the police watchdog agency bringing the case to prove not only that Pantaleo violated department rules, but that his actions fit the criteria for criminal charges, which Pantaleo does not face. Garner's family has criticized that investigation as it has stretched into its fourth year without resolution.

The city's Civilian Complaints Review Board, which prosecutes certain violations of police rules, determined in 2017 that Pantaleo used excessive force.

London blamed Garner's death on paramedics, who he said did "almost nothing" once they arrived, and on Garner's health problems, including hypertension and asthma. The officer's lawyer and the police union have denied the allegation.

Officer Daniel Pantaleo's trial is scheduled to start Monday at police headquarters, five years after Garner's pleas of "I can't breathe" became a rallying cry against police brutality. She left the room with a tissue over her mouth, accompanied by civil rights activist Al Sharpton. If Pantaleo is found guilty of using a banned chokehold, Maldonado can recommend he be terminated. They include a retired NYPD training sergeant who London said taught Pantaleo an approved technique known as a "seat-belt hold" that is being confused for a chokehold. Garner was considered medically obese at 400 pounds (181 kg).

It is uncertain whether Pantaleo will testify at his departmental trial.

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