Solved case · 2014
Also known as Murder of Eric Garner · Eric Garner's murder
The short answer
Eric Garner, a 43-year-old Black man, died on July 17, 2014, in Staten Island, New York, after NYPD officer Daniel Pantaleo placed him in a prohibited chokehold during an arrest for allegedly selling untaxed cigarettes; a grand jury declined to indict Pantaleo, and he was fired from the NYPD in 2019.
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Suggest coverage for Killing of Eric GarnerOn July 17, 2014, Eric Garner, a 43-year-old African American man, died after being placed in a chokehold by New York City Police Department officer Daniel Pantaleo during an attempted arrest in the Staten Island neighborhood of Tompkinsville. Officers approached Garner on suspicion of selling loose, untaxed cigarettes. Garner told officers he was tired of being harassed and denied selling cigarettes. When Pantaleo attempted to handcuff him, Garner pulled his arms away, and Pantaleo placed his arm around Garner's neck, taking him to the ground. Multiple officers pinned him down while Garner said "I can't breathe" eleven times. He lost consciousness and lay on the sidewalk for several minutes before an ambulance arrived; he was pronounced dead at a hospital approximately one hour later. The incident was recorded on cell phone video by bystander Ramsey Orta.
The New York City Medical Examiner's Office ruled Garner's death a homicide, citing "compression of neck, compression of chest and prone positioning during physical restraint by police," with asthma, heart disease, and obesity listed as contributing factors. An independent autopsy commissioned by Garner's family, performed by former medical examiner Michael Baden, reached similar conclusions regarding neck compression. Pantaleo's police union disputed that a chokehold was used, noting that Garner's hyoid bone was not fractured; the city medical examiner responded that a fracture is not necessarily present in chokehold deaths.
On December 3, 2014, a Richmond County grand jury decided not to indict Pantaleo. The decision prompted protests across the United States and internationally, with demonstrators using Garner's last words, "I can't breathe," as a chant against police brutality. Counter-demonstrations in support of police also occurred. On December 20, 2014, two NYPD officers were killed in an ambush in Brooklyn by a gunman who cited Garner's death, among other police killings, as motivation before taking his own life.
In July 2015, the City of New York agreed to a $5.9 million settlement with Garner's family to resolve a wrongful death claim. The U.S. Department of Justice conducted a multi-year civil rights investigation; in 2019, Attorney General William Barr announced that no federal charges would be brought against Pantaleo. Separately, an NYPD internal disciplinary hearing concluded in June 2019, and in August 2019 Deputy Commissioner of Trials Rosemarie Maldonado recommended Pantaleo's termination, finding that video and autopsy evidence showed his use of a chokehold was reckless. NYPD Commissioner James O'Neill fired Pantaleo on August 19, 2019, more than five years after Garner's death. Pantaleo's subsequent lawsuit seeking reinstatement was unsuccessful.
In 2020, New York State enacted the Eric Garner Anti-Chokehold Act, making death or injury caused by a police chokehold a felony offense in the state.
Eric Garner is approached by NYPD officers on suspicion of selling untaxed cigarettes in Staten Island; officer Daniel Pantaleo places him in a chokehold during the arrest attempt. Garner loses consciousness and is later pronounced dead at a hospital.
Funeral held for Eric Garner at Bethel Baptist Church in Brooklyn.
New York City Medical Examiner's Office rules Garner's death a homicide.
Richmond County District Attorney Daniel M. Donovan Jr. presents evidence against Pantaleo to a grand jury.
Richmond County grand jury decides not to indict Pantaleo.
Nationwide protests begin in response to the grand jury's decision.
Two NYPD officers are killed in an ambush in Brooklyn by a gunman who cited Garner's death as a motivation; the gunman then takes his own life.
City of New York reaches a $5.9 million settlement with Garner's family.
Attorney General William Barr decides Pantaleo will not face federal charges.
NYPD Deputy Commissioner of Trials Rosemarie Maldonado recommends Pantaleo's termination.
NYPD Commissioner James O'Neill fires Pantaleo.
New York Governor Andrew Cuomo signs the Eric Garner Anti-Chokehold Act into law.
Victims first. Every legal label is set from public records and court outcomes, not from the prose.
43-year-old African American man who died after being placed in a chokehold by an NYPD officer during an arrest attempt.[3]
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