The Eric Garner case began with a sidewalk arrest on Staten Island on July 17, 2014, and ended years later with no criminal charges against any officer, the firing of Officer Daniel Pantaleo, a $5.9 million settlement paid by New York City to Garner’s family, and a new state law criminalizing police chokeholds. Three separate proceedings looked at what happened that day: a state grand jury, a federal civil rights investigation, and an internal NYPD disciplinary trial. Only the last produced consequences for the officer involved.
What Happened on July 17, 2014
Eric Garner was 43 years old and a father of six. Officers Daniel Pantaleo and Justin D’Amico approached him near the Staten Island Ferry terminal on suspicion of selling single untaxed cigarettes. Garner was unarmed. He protested the stop verbally but did not attack the officers. When Pantaleo moved to arrest him, a struggle began. Pantaleo wrapped his arm around Garner’s neck from behind and pulled him to the ground.
Once on the ground, Garner lay face-down with multiple officers pressing on him. He said “I can’t breathe” eleven times before going silent. He remained motionless on the sidewalk for several minutes before an ambulance arrived, and he was pronounced dead at a hospital.
A bystander named Ramsey Orta filmed the encounter on his cellphone. The video spread quickly online and became the central piece of evidence in every proceeding that followed. Without it, establishing exactly how Pantaleo had restrained Garner would have been far harder.
Why the Chokehold Mattered
The maneuver Pantaleo used violated the NYPD’s own rules. Patrol Guide Procedure 221-01 has prohibited chokeholds since 1993, defining them as any pressure to the throat or windpipe that restricts breathing or blood flow.1NYC Civilian Complaint Review Board. CCRB APU Final Documents – Patrol Guide Procedure 221-01 An earlier 1985 version of the rule had allowed an exception when an officer’s life was in danger; the 1993 revision eliminated that exception entirely.
The New York City Medical Examiner ruled Garner’s death a homicide, finding the cause was compression of the neck from a chokehold, compression of the chest, and prone positioning during restraint.2U.S. Department of Justice. Statement by United States Attorney Richard P. Donoghue
One important limit on all of this: the NYPD’s ban was an internal policy, not a crime. Breaking it exposed an officer to discipline, not to prosecution. That gap is part of why the criminal cases went the way they did.
The State Grand Jury Declined to Indict
The Staten Island District Attorney presented the case to a grand jury in Richmond County. Over roughly two months, the grand jury reviewed evidence including the bystander video and the medical examiner’s homicide finding. On December 3, 2014, the grand jury declined to indict Pantaleo on any charges.
Under New York law, everything that happens inside a grand jury room is confidential. Jurors are prohibited from disclosing testimony, evidence, or the reasoning behind their votes, and violations carry criminal penalties including imprisonment.3New York State Unified Court System. Grand Juror’s Handbook The public never learned exactly what evidence prosecutors presented, what legal instructions the jurors received, or how they weighed the medical examiner’s findings.
The Federal Civil Rights Investigation Ended With No Charges
On the same day the state grand jury declined to indict, U.S. Attorney General Eric Holder announced a federal civil rights investigation. Federal prosecutors examined whether Pantaleo had violated Garner’s constitutional rights under 18 U.S.C. ยง 242, the statute that criminalizes the deprivation of rights by someone acting under government authority.4U.S. Department of Justice. Deprivation of Rights Under Color of Law When a violation results in death, the maximum penalty is life in prison.
The standard of proof is demanding. Under the Supreme Court’s 1945 decision in Screws v. United States, prosecutors must show that the officer acted with the specific intent to deprive the victim of a constitutional right, not merely that the officer used excessive force or acted carelessly.5Justia Law. Screws v. United States, 325 U.S. 91 (1945) Recklessness and specific intent are different things, and most federal police-brutality prosecutions fail on that distinction.
Federal law also imposes a five-year deadline to bring non-capital criminal charges.6Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital Garner died on July 17, 2014, so prosecutors had until July 17, 2019. The investigation consumed nearly the entire window. On July 16, 2019, one day before the deadline expired, the Department of Justice announced it would not file charges. U.S. Attorney Richard Donoghue said the evidence was insufficient to prove beyond a reasonable doubt that Pantaleo acted with the required willful intent.2U.S. Department of Justice. Statement by United States Attorney Richard P. Donoghue Donoghue also noted that a second medical examiner who reviewed the autopsy could not conclusively determine whether the chokehold itself caused Garner’s death, further complicating the case.
The NYPD Fired Pantaleo
With both criminal avenues exhausted, the remaining question was whether Pantaleo would keep his job. The NYPD’s internal disciplinary process operates on a lower burden of proof than a criminal trial. The department only needs to show by a preponderance of the evidence that an officer violated departmental rules.
The Civilian Complaint Review Board, New York City’s independent police oversight agency, prosecuted the case.7NYC Civilian Complaint Review Board. CCRB Chair Commends Appellate Court for Upholding Termination of Daniel Pantaleo The trial began in May 2019, five years after Garner’s death. On August 2, 2019, the presiding Deputy Commissioner of Trials ruled that Pantaleo had used a prohibited chokehold and that his actions were reckless, constituting “a gross deviation from the standard of conduct established for a New York City police officer.” The Deputy Commissioner recommended termination.
On August 19, 2019, NYPD Commissioner James O’Neill accepted that recommendation and fired Pantaleo. O’Neill said that despite the officer’s service record of nearly 300 arrests and 14 departmental medals, he could no longer effectively serve as a police officer.8City of New York Police Department. Police Commissioner James P. O’Neill Announces Decision in Disciplinary Case of Officer Daniel Pantaleo
Pantaleo challenged the termination in court. The Appellate Division, First Department, upheld the firing.7NYC Civilian Complaint Review Board. CCRB Chair Commends Appellate Court for Upholding Termination of Daniel Pantaleo Pantaleo then sought permission to appeal to the New York Court of Appeals, but that request was denied in September 2021. According to public reporting at the time of his firing, Pantaleo was also stripped of his pension benefits.
The $5.9 Million Settlement
Garner’s family pursued a separate wrongful death claim against the City of New York. Civil claims operate on a different track from criminal and disciplinary proceedings; they seek financial compensation and do not require a finding of criminal guilt.
In July 2015, New York City Comptroller Scott Stringer announced a pre-litigation settlement of $5.9 million with Garner’s estate, resolving the claim before a formal lawsuit was filed.9New York City Comptroller. New York City Comptroller Scott M. Stringer Announces Pre-Litigation Settlement With the Estate of Eric Garner The settlement came roughly a year after Garner’s death. As with most government settlements of this kind, it included no admission of liability or wrongdoing by the city or the officers involved.
What Changed in the Law Afterward
Two significant reforms in New York trace directly to the Garner case.
The first came less than a year after the grand jury decision. On July 8, 2015, Governor Andrew Cuomo signed Executive Order 147, appointing the state Attorney General as a special prosecutor to investigate and, when warranted, prosecute cases where civilians are killed by law enforcement officers.10Legal Information Institute. New York Code 9 NYCRR 8.147 – Executive Order No. 147.111Office of the Governor of New York. Executive Order No. 147 The order addressed a perceived conflict of interest: local district attorneys work closely with police every day and had been the officials responsible for presenting these cases to grand juries. The order remains in effect.
The second came six years later. On June 8, 2020, in the midst of nationwide protests following the killing of George Floyd, New York enacted the Eric Garner Anti-Chokehold Act. The law created a new crime called aggravated strangulation: when a police officer or peace officer uses a chokehold or similar restraint and causes serious injury or death, the officer can be charged with a Class C felony.12New York State Senate. NY State Senate Bill S6670B The statute closed the gap that had shaped the Garner case from the beginning: before it passed, the NYPD’s chokehold ban was only an internal policy violation, not an independently prosecutable offense.