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[UPDATE] NYPD Judge: Daniel Pantaleo 'Untruthful' & 'Self-Serving' In His Defense Of Fatal Chokehold
By
Jake Offenhartz
Published Aug 19, 2019
Modified Aug 19, 2019
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By
Jake Offenhartz
Published Aug 19, 2019
Modified Aug 19, 2019
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UPDATE: 12:44 p.m.:Police Commissioner James O'Neill announced at a press conference moments ago that Officer Daniel Pantaleo has been terminated. The original story is below.
Daniel Pantaleo, the NYPD officer who put Eric Garner in a deadly chokehold in Staten Island five years ago, was "untruthful" and "self-serving" in his recounting of the incident to investigators, while his fellow officers involved in the stop were "unhelpful or unreliable" in their official testimony.
Those are some of the conclusions reached by Deputy Commissioner Rosemary Maldonado, the administrative judge who oversaw the long-delayed department trial that began this summer. The judge's full 46-page opinion was obtained and published by the Times on Sunday.
"I found [Pantaleo's] uncorroborated hearsay statements explaining his actions to be untruthful," wrote Maldonado. She added that his "use of a chokehold fell so far short of objective reasonableness that this tribunal found it to be reckless—a gross deviation from the standard of conduct established for a New York City police officer."
The city's medical examiner previously determined that Garner's death in 2014 was a homicide, caused by the chokehold that restricted Garner's breathing and triggered an asthma attack.
Earlier this month, Maldonado concluded that Pantaleo was guilty of using an illegal chokehold, though not guilty of intentionally obstructing Garner's breathing, and should be fired. That recommendation is now before Police Commissioner James O'Neill, who will make the final call on whether the officer should keep his job. (Pantaleo will not face civil rights charges, the Department of Justice announced last month).
O'Neill is scheduled to make an announcement at noon today.
Pantaleo did not testify at the department trial and was not called as a witness by the Civilian Complaint Review Board, which acted as prosecutor. But in interviews with NYPD internal affairs officers, Pantaleo maintained that he did not use a banned chokehold on Garner prior to his death — arguing instead that his elbow "protected" Garner's windpipe when he took him down.
According to the administrative judge, Pantaleo was "disingenuous when he viewed the video and denied using a chokehold," despite his own definition of the Patrol Guide's prohibition. She noted that the officer "had the opportunity to readjust his grip from a prohibited chokehold to a less lethal alternative; he did not."
Moreover, the witness testimony offered by Officer Mark Ramos and Officer Craig Furlani—both of whom were involved in the arrest—consisted of "vague recollections" on important factual inquiries. An argument against the use of the chokehold by Pantaleo's police academy instructor, Sergeant Russell Jung, was said to be "unpersuasive" and "unconvincing."
In the aftermath of the deadly encounter, the ruling notes, Pantaleo's partner, Justin D'Amico, erroneously wrote that force was not used against Garner. In his arrest report, the officer also claimed that Garner was guilty of evading taxes on 10,000 or more cigarettes, thus triggering felony charges. D'Amico confirmed during the department trial that this was incorrect.
Eric Garner's mother, Gwen Carr, said in a statement that the judge's determination serves as further proof that the city should have fired Pantaleo long ago, and that other officers involved in the arrest should face discipline as well.
"The judge's report confirms what I have been saying for more than 5 years: Pantaleo used a banned chokehold, murdered my son and should have been fired years ago," said Carr. "Judge Maldonado also confirmed that other officers' testimony was unreliable…[D'Aminco] needs to be fired and it's a disgrace that de Blasio has let Pantaleo, D'Amico and others stay on the force"
A spokesperson for the Mayor's Office did not respond to Gothamist's inquires.
Tagged
daniel pantaleo
eric garner
mayor de blasio
nypd trial
Police Commissioner James O'Neill
Jake Offenhartz
Jake Offenhartz is a former Gothamist reporter.
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