Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

Report: Justice Dept. Replaces NYC Team In Eric Garner Investigation


By

John Del Signore

Published Oct 25, 2016

Modified Oct 25, 2016


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .


By

John Del Signore

Published Oct 25, 2016

Modified Oct 25, 2016


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

There's been a "highly unusual" shakeup in the stalled federal investigation into the death of Eric Garner, sources tell the NY Times and the Daily News. Garner's death at the hands of NYPD officer Daniel Pantaleo in July 2014 was ruled a homicide by the NYC Medical Examiner, who determined that his death was caused by "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police." Chokeholds are prohibited by the NYPD, but Pantaleo maintains he did not intend to put Garner in a chokehold while trying to arrest him on a Staten Island sidewalk.

The Justice Department investigation is trying to determine if there's a case to be made that Pantaleo violated Garner's civil rights. The Times reports that the case has ground to a halt because federal prosecutors and local FBI officials in New York are against bringing charges, while the Civil Rights Division at the Justice Department in Washington is reportedly in favor of prosecution. From the Times:

Attorney General Loretta E. Lynch, who as the United States attorney for the Eastern District of New York oversaw the beginning of the federal inquiry before her appointment to Washington, has been considering for months how to proceed.

In recent weeks, the F.B.I. agents who have been investigating the case were replaced with agents from outside New York, according to five federal officials in New York and Washington. Federal prosecutors in Brooklyn are no longer assigned to the case. It is not clear whether civil rights prosecutors from Washington will work alone in presenting evidence to a grand jury in Brooklyn and in trying the case if charges are eventually brought.

Nobody is commenting on the shake-up on record, but one law enforcement source tells the Daily News that the Justice Department will likely seek an indictment against Pantaleo by the end of the year, before President Obama leaves office. "Then they'll leave (the Justice Department) for new jobs," the source said.

An attorney for Pantaleo, who avoided prosecution at the state level and has been on desk duty since Garner's death, tells the Times that "if it is true that the Justice Department is rejecting the recommendations of seasoned F.B.I. agents and assistant United States attorneys, this is a gross miscarriage of justice. In our system of justice, politics should never take the place of the rule of law."

The Times also notes that should the Justice Department proceed with a case against Pantaleo, the prosecution could be hobbled by this internal dissent: "If it goes to trial, defense lawyers would probably try to exploit that division and use it to sow doubt. They could even try to call F.B.I. agents who were taken off the case as defense witnesses, officials said. Another complicating factor, according to three federal officials, is that the disagreement between Washington and New York is reflected in the F.B.I. reports, which often become evidence at trial."

A federal grand jury was convened in Brooklyn in February and began hearing evidence, but the panel has not been put to a vote. In July 2015, Garner's family agreed to a $5.9 million settlement offer from the city, which Sergeants Benevolent Association head Ed Mullins condemned as "obscene."

Tagged

chokeholds

civil rights

eric garner

justice department

loretta lynch

nypd


John Del Signore

Twitter

Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Queens man found dead, police say, and injured woman is his mother, neighbors say

Police are investigating a related incident in which a 62-year-old woman was found injured beneath the Van Wyck Expressway.

By

Charles Lane

Published Oct 14, 2026 at 7:39 p.m. ET


Man shot by ICE in NYC's Marble Hill said federal officers never identified themselves

The wounded man said he didn't learn ICE agents were involved until he woke up in the hospital.

By

Arya Sundaram

and

Samantha Max

News

Man shot by ICE in NYC's Marble Hill said federal officers never identified themselves

The wounded man said he didn't learn ICE agents were involved until he woke up in the hospital.

By

Arya Sundaram

and

Samantha Max


Brooklyn school dean says MTA officers assaulted him over a $3 bus fare he says he paid

By

Carol Chen

National Grid customers in NYC will see higher gas bills this winter

By

Rosemary Misdary

Bruce Blakeman joins Gov. Hochul in support for expanding NY rape law

By

Jon Campbell


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .