NYPD Officer Won't Face Federal Charges for Death of Eric Garner The Justice Department decided on July 16 not to federally charge NYPD Officer Daniel Pantaleo for his involvement in Eric Garner’s death. The decision comes nearly five years since Garner was killed by Pantaleo, who put him in an illegal chokehold and caused a deadly asthma attack. In the days after Garner’s death, the city medical examiner ruled it a homicide, saying Pantaleo’s actions were “part of the lethal cascade of events.” Garner was allegedly selling loose cigarettes on July 17, 2014, when police stopped him and attempted to detain him. While being choked by Pantaleo, Garner said “I can’t breathe,” a phrase that promptly became a rallying cry for the Black Lives Matter movement. Departmental charges have been brought against Pantaleo by the NYPD and, if found guilty, he could potentially lose his job. Pantaleo has been on desk duty since 2014, a status that has allowed him to still receive pay and pension benefits.