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About two weeks ago, an NYPD administrative judge officially recommended that Daniel Pantaleo be removed from the force. However, the final decision in this case would always go to Commissioner James O'Neill.
The New York Police Policy states that the final decision on departmental discipline rests with the Commissioner of Police.
As commissioner, O Neill has the opportunity to follow the judge's recommendation or make a different decision on the discipline to be taken, if any, that Pantaleo should face.
After an internal trial, Judge Rosemarie Maldonado declared Pantaleo guilty of using a banned choking action that resulted in a cascade of events that ended with the death of Eric Garner, according to a source.
Despite his decision on the use of a damper, Maldonado concluded that he was not guilty of restricting Garner's breathing. The second charge had more to do with the intent, that is, there must be a clear intent to prevent someone from breathing so that the charge remains unchanged. But since Pantaleo attempted to rein in Garner again with NYPD-approved tactics before the overthrow, as a support for arm, Maldonado decided that the goal was not to cut Garner's breathing, according to the source.
Pantaleo was suspended from the department while awaiting the decision of O'Neill, in accordance with department policy.
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