Police officer in 'I can't breathe' death won't be charged

NEW YORK (AP) — Federal prosecutors said today they won't bring criminal charges against a white New York City police officer in the 2014 chokehold death of Eric Garner, a black man whose dying words – "I can't breathe" – became a rallying cry as the nation confronted a long history of police brutality.

The decision to end a yearslong civil rights investigation was made by Attorney General William Barr and was announced the day before the five-year anniversary of the deadly encounter, just as the statute of limitations was set to expire.

Barr disregarded a recommendation by civil rights prosecutors in Washington who favored filing criminal charges against Officer Daniel Pantaleo, siding instead with prosecutors in Brooklyn who said the evidence wasn't sufficient to make a case, a Justice Department official told The Associated Press.

U.S. Attorney Richard Donoghue, of the Eastern District of New York, said in a news conference while the death was tragic, there was insufficient evidence to prove Pantaleo or any other officers willfully violated Garner's civil rights.

"Even if we could prove that Officer Pantaleo's hold of Mr. Garner constituted unreasonable force, we would still have to prove beyond a reasonable doubt that Officer Pantaleo acted willfully in violation of the law," Donoghue said.

Garner's mother, Gwen Carr, and the Rev. Al Sharpton said they were outraged and heartbroken. Sharpton called for the NYPD to fire Pantaleo, who's been on desk duty since Garner's death and is awaiting the results of a disciplinary hearing that could lead to termination.

"We are here with heavy hearts, because the DOJ has failed us," said Carr, who has become a vocal advocate of police reform in the years since her son's death. "Five years ago, my son said "I can't breathe" 11 times. Today, we can't breathe."

A senior Justice Department official told the AP that prosecutors watched video of the confrontation "countless" times but weren't convinced Pantaleo acted willfully in the seconds after the chokehold was applied.

Two sets of recommendations were made. The U.S. Attorney's Office for the Eastern District of New York, which includes Staten Island, recommended no charges. Justice Department civil rights prosecutors in Washington recommended charging the officer. Barr made the ultimate decision, the official said. The official said Barr watched the video himself and got several briefings.

The official spoke on condition of anonymity in order to discuss internal deliberations and investigative matters.