Eric Garner, seen in this undated Facebook photo, died while being stopped by police in Staten The NYPD decision to discipline Pantaleo four years after the incident in the Staten Island neighborhood in New York arose as a result of a letter sent to the United States Department of Justice by Larry Byrne, NYPD Assistant Commissioner for Legal Matters. In the letter, Byrne said the department had waited long enough for federal prosecutors to act in the Garner case.
A grand jury in Staten Island decided in December 2014 not to indict Pantaleo and other officers involved in Garner's death on criminal charges.
Following the announcement of the Grand Jury decision, the Department of Justice began to review the case to determine if there were grounds to lay federal charges against Pantaleo.
Stan Honda / AFP / Getty Images, FILE Protesters demonstrate against police brutality in memory of Eric Garner on August 23, 2014 in Staten Island, NY
"It is understandable that members of the general public and the Garner family in particular are impatient that the NYPD Did not proceed with our disciplinary procedures and that they have trouble understanding a decision to defer to a federal criminal investigation that seems to have no end in sight, "wrote Byrne.
"The NYPD has come to the conclusion that given the extraordinary time passed since the incident without a final decision on the criminal investigation of the US DOJ, any further delay in the The advancement of our own disciplinary procedure can no longer be justified "the letter said.
The NYPD's decision to pursue the internal discipline case against Pantaleo after Garner's mother, Gwen Carr, held a press conference on the eve of the fourth anniversary of her son's death, said : "
Mary Altaffer / AP Gwen Carr, whose son Eric Garner was killed by an NYPD officer, is surrounded by sympathizers while she speaks at a press conference in front of the ### 39, City Hall, July 17, 2018, New York
. Pantaleo, that's for the other five officers involved [were]"Carr said. "Their misconduct, those who lied on legal documents saying what had happened to my son before the release of the video."
A spokesman for the Justice Department told ABC News last week that it was the prerogative of the NYPD to go forward.
"As Justice Department officials have informed Mr. Byrne this spring, the New York Police Department can go ahead with its disciplinary procedures," said spokesman for the Ministry of Justice. Justice. "Mr. Byrne's letter has no bearing on the timing of decision-making at the Department of Justice, and the department can not comment further for the moment."
Albin Lohr-Jones / Pacific Press / LightRocket via Getty Images [19659006] Gathering participants hold placards in Staten Island, NY, on the occasion of the second anniversary of Eric Garner's death on July 17, 2017.
] Patrick J. Lynch, president of the Charity Association, said: should get closer to the case of police officer Pantaleo and put an end to what has been a very irregular fishing expedition on the part of those who seek an indictment at all costs. "
Lynch continued: "However, this should not trigger a race by the NYPD to arrive at a predetermined outcome in its own disciplinary proceedings. Police officer Pantaleo is entitled to due process and impartial review of the facts. to happen, we are confident that it will be justified and will finally be able to go forward. "
Pantaleo was allowed to continue to work as a paid member of the NYPD while disciplinary proceedings against him are ongoing.
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