This just in
The New York Police Department officer accused of strangling Eric Garner will not face federal charges.
NYPD officer Daniel Pantaleo will not be charged in the chokehold death of Garner, whose repeated last words of "I can't breathe" became a rallying cry for the Black Lives Matter movement, the Justice Department announced Tuesday. That decision reportedly comes after the DOJ's civil rights division recommended charges, but Attorney General William Barr overruled that suggestion, a senior DOJ official tells ABC News' Alex Mallin.
Garner's July 17, 2014 death was caught on camera after NYPD officers stopped him for allegedly selling cigarettes on a Staten Island street corner. Federal prosecutors then had five years to press charges against Pantaleo, who appeared to use an illegal chokehold on Garner to restrain him and could've been accused of violating Garner's civil rights. But with the statute of limitations on Garner's death expiring Wednesday, prosecutors declined to press charges.
That decision, officials tell ABC News and NBC News, comes against the wishes of lawyers in the DOJ's civil rights division. But it's in line with what the U.S. Attorney's Office in the Eastern District of New York recommended, those officials continued.
Pantaleo did face disciplinary action from the NYPD and has been on desk duty without a gun since Garner's death, The New York Times notes. The NYPD also wrapped a disciplinary trial against Pantaleo in June to determine if he should face further punishment.