Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
NYPD Chief Surgeon Claimed Eric Garner Was Not Put In A Chokehold
By
Jake Offenhartz
Published Apr 4, 2019
Modified Apr 4, 2019
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
Jake Offenhartz
Published Apr 4, 2019
Modified Apr 4, 2019
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
Officer Daniel Pantaleo's claim that he used a legal "takedown maneuver" in the fatal arrest of Eric Garner now has the backing of the NYPD's top surgeon, who apparently determined that no chokehold occurred after reviewing video of the officer dragging Garner to the ground with his arm around his neck.
The surgeon's determination was revealed on Thursday during a pretrial hearing for Pantaleo, ahead of his long-delayed disciplinary trial next month. According to Pantaleo's attorney Stu London, an internal report issued in 2014 by NYPD Chief Surgeon Eli Kleinman found no injuries to Garner's trachea that would indicate he was choked.
"It basically exonerates Officer Pantaleo," London told reporters afterwards. "It indicates that he didn't use a chokehold."
But the Civilian Complaint Review Board, which is prosecuting the case, points out that Kleinman reached his determination "without reviewing the autopsy or any other medical reports." In 2014, the NYC Medical Examiner concluded that Garner died of a homicide caused by "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police" — a finding that prosecutors say "directly contradicts Kleinman's assertions."
By then, the NYPD had for more than two decades banned the use of chokeholds, which they define as "any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air." An independent review of the medical examiner's autopsy confirmed that Garner died of neck compression caused by a chokehold.
The disciplinary trial, which is set to begin on May 13th, will concern whether or not Pantaleo used the banned chokehold against Garner. If convicted, he could potentially lose his job, but would not face criminal charges. Nearly five years after Garner's death, Pantaleo continues to be employed by the NYPD and receives a salary of $119,996.
A spokesperson for the CCRB said they'd move to preclude the police surgeon's testimony during the upcoming trial.
In a statement, Loyda Colon, co-director of the Justice Committee, said: "Our eyes do not lie. The autopsy did not lie. This was a chokehold, plain and simple... As a result, Eric Garner is dead and his mother and family have been forced to fight for answers, accountability, and justice for years while the NYPD, Mayor de Blasio, and the Patrolmen's Benevolent Association have done everything in their power to shield the abusive officers involved."
Tagged
CCRB
chokehold
chokehold cop
daniel pantaleo
eric garner
nypd
Jake Offenhartz
Jake Offenhartz is a former Gothamist reporter.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Early Addition: Who's giving out those chic little Nordic gummies this Halloween?
Because the status trick-or-treat candy has arrived, here are your early links: NYC Marathon-themed early voting sticker, New Jersey's Socialist Party on the rise, Herald Square billboard fight and more.
By
James Ramsay
Published Oct 26, 2026 at 10:01 a.m. ET
In East Brooklyn, aging NYCHA homes get a $636M upgrade
The improvements to at the Reid & Park Rock developments come has the agency wrestles with a multibillion-dollar backlog in needed repairs.
By
Willow Higgins
News
In East Brooklyn, aging NYCHA homes get a $636M upgrade
The improvements to at the Reid & Park Rock developments come has the agency wrestles with a multibillion-dollar backlog in needed repairs.
By
Willow Higgins
What NYers can expect as open enrollment for health insurance begins
By
Caroline Lewis
Why New Yorkers should care about bats beyond spooky season
By
Catalina Gonella
Serbians forced to wait hours to vote at NYC consulate as Balkan nation holds election
By
Jill Webb
and
Michael Sol Warren
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 .