Eric Garner Case: Disciplinary Trial Resumes For NYPD Officer Accused In Death
NEW YORK (CBSNewYork/AP) – The departmental trial of NYPD Officer Daniel Pantaleo, accused in the death of Eric Garner, resumes today.
The defense is expected to call a medical examiner from St. Louis to refute the New York City medical examiner's testimony a chokehold used by Pantaleo contributed to Garner's death in 2014 on Staten Island.
The NYPD banned chokeholds in the 1990s.
"The chokehold would have compromised the neck and would have compromised the airway, making it difficult for him to breathe," Dr. Floriana Persechino, the medical examiner who performed Garner's autopsy, testified last month.
Garner's pleas of "I can't breathe" became a rallying cry against police brutality.
MORE: Pantaleo Trial In Death Of Eric Garner On Hold, Witness Says Records Exaggerated Crime
Pantaleo, 33, denies wrongdoing. He has been on desk duty since Garner's death.
Last month, his one-time partner Officer Justin D'Amico testified he saw Pantaleo's arm around Garner's neck as the two men struggled, but wouldn't say whether he thought it was a chokehold.
Typically, NYPD disciplinary trials are meant to determine if an officer violated departmental rules, but that's only if disciplinary charges are filed within 18 months of an incident. Because Pantaleo's case languished, the watchdog Civilian Complaint Review Board must show that his actions rose to the level of criminal conduct, even though he faces no criminal charges and is being tried in a department tribunal, not a criminal court.
The final decision on any punishment lies with the police commissioner. Penalties range from the loss of vacation days to firing.
(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
