NYPD Admin Judge Decides Officer Pantaleo Should Be Fired For Eric Garner Death

NYPD Deputy Commissioner of Trials Rosemarie Maldonado recommended that Officer Daniel Pantaleo be fired by NYPD.

New York, NY – New York Police Department (NYPD) Officer Daniel Pantaleo was suspended on Friday after an NYPD trial judge said he was guilty of using a chokehold on Eric Garner and should be fired.

NYPD Deputy Commissioner of Trials Rosemarie Maldonado issued a non-binding verdict that said Officer Pantaleo was not guilty of aggravated assault or obstructing breathing, but that he had violated department policy regarding the use of chokeholds, WABC reported.

Deputy Commissioner Maldonado’s recommendation will be forwarded to NYPD Police Commissioner James O’Neill, and he will make the ultimate determination about the fate of the officer’s employment.

However, in the meantime, Officer Pantaleo was suspended, which is customary when a city employee has received a recommendation for termination, WABC reported.

Police Benevolent Association (PBA) President Patrick Lynch warned of the impact on the entire police force if Commissioner O’Neill took the recommendation to fire Officer Pantaleo.

"This decision is pure political insanity. If it is allowed to stand, it will paralyze the NYPD for years to come," PBA President Patrick Lynch said in a statement.

Meanwhile, Garner’s family gathered with activists such as the Reverend Al Sharpton for a press conference to demand that Officer Pantaleo be fired, WABC reported.

"The commissioner needs to immediately, unequivocally accept the recommendation of the judge and do it right away," Sharpton told reporters.

Deputy Commissioner Maldonado’s ruling was also sent to Officer Pantaleo’s legal team.

Both sides have two weeks to submit their responses to Commissioner O’Neill’s office before he can make any final determination about the officer’s fate, WABC reported.

The announcement comes just days after NYPD officers followed New York Mayor Bill de Blasio to the Democratic Presidential debate in Detroit to protest his appearance on the stage.

The first Democratic presidential debate in June did nothing to improve that relationship when de Blasio told America that he had counseled his biracial son Dante on “how to protect himself in the streets of our city… including the fact that he has to take special caution because there have been too many tragedies between young men and our police.”

In the month since then, the U.S. Department of Justice announced that it would not be charging Officer Pantaleo in the death of Garner, causing outrage in the community.

In response, de Blasio announced that going forward, officers would be disciplined before investigations were completed.

And more recently, criminals have been dumping buckets of water on police officers responding to emergency calls in various parts of the city.

On Wednesday morning, New York State Assemblyman Mike LiPetri, of Long Island, announced he was proposing legislation that would make it a Class E felony, punishable by up to five years in prison, to throw liquid on a police officer.

During the press conference to announce the bill, LiPetri called on de Blasio to bring the matter up on stage during the debate that night and show his support for law enforcement.

It didn’t happen.

Instead, the mayor became the target of more than one opponent in Detroit for not having fired Officer Pantaleo in relation to the death of Garner and still managed to evade answering whether he thought the officer should be fired.

On Friday morning, after Deputy Commissioner Maldonado’s ruling was announced, de Blasio played the same game with reporters at a press conference and refused to say what he thought should happen.

“We as a city need to end this chapter and move forward,” de Blasio said, sounding more like a candidate than the mayor.

He reiterated his condolences to and support for the Garner family, and once again blamed federal prosecutors for dragging their feet on the whole process.

Officer Pantaleo was on desk duty for five years after the incident with Garner in July of 2014 until he was suspended on Aug. 2.

Garner was arrested by NYPD officers on July 17, 2014, after police stopped him for selling individual, untaxed loose cigarettes on a city sidewalk.

He resisted arrest and fought with officers who struggled to take the 350-pound man into custody.

In the process of subduing Garner, video taken by witnesses showed that Officer Pantaleo had his arm around Garner's neck and pressed his face against the sidewalk.

Garner repeatedly told officers “I can’t breathe,” a phrase that became a rallying cry for Black Lives Matter in the months that followed.

Officer Pantaleo later said he tried to use a “seatbelt maneuver” on Garner, and did not mean to put the much larger man into a choke hold.

Garner lost consciousness on the sidewalk, and died in the hospital an hour later from a medical emergency.

The autopsy report showed no damage to any area of his neck, and it was determined that he died of a medical emergency induced by officers who were arresting him. The medical examiner declared it was a homicide.

A New York Grand Jury declined to indict on any criminal charges.

The federal inquiry has dragged on for years and split the Justice Department in half between those who want to go after the officer and those who thought the officer did nothing wrong, according to The New York Times.

Donoghue explained federal prosecutors’ decision not to charge Officer Pantaleo.

The U.S. attorney said that while Garner’s death was a tragedy, “the evidence does not support charging Police Officer Pantaleo with a federal civil rights violation.”

He said federal prosecutors could not prove that the officer “willfully used excessive force to violate Mr. Garner’s rights as required under the law,” The New York Times reported.

Comments (48)
No. 1-19
BerettaAPX
BerettaAPX

I sense a blue flu coming on in NYC

IseeWhereThisIsGoing
IseeWhereThisIsGoing

Officer Pantaleo needs to go. Seriously. He can't continue as an officer with the NYPD, not with this huge target on his back. Multiple investigations said he committed no crime, yet his career in NYC was over once the city paid out millions to the family. That was a clear sign that they were taking the criminal's side over the officer who was doing his job arresting an individual who decided to resist arrest.

Even if the Commissioner overrules the trial judge (who made the decision, despite never actually working as or being a cop, and if you look at her background, you will see how much of a kangaroo court this actually was), he will be under such constant scrutiny by both the public and every defense attorney that he won't be able to do his job, especially not after the comments that were made by the current NYC administration.

If sucks that NYC doesn't support their officers. This is truly embarrassing. Why anyone would continue to be a cop in NYC when there are other options elsewhere is beyond me

JohnWick
JohnWick

And it all started with, “If I had a son...” Worst president ever.

Jbetty
Jbetty

How are officers suppose to subdue a very large individual that is resisting arrest? If you are fat are officers suppose to let you go just to prevent you from having a medical emergency?

Burgers Allday
Burgers Allday

I think the big problem was that police were arresting Garner a lot (supposedly over 30 times) and apparently not getting many (if any) convictions. It begins to look like they were using frequent arrests as a form of punishment. What evidence did they even have that he was selling loosies on the fateful day? Then there was the rapid escalation by Officer Pantaleo. This wasn't an arrest for murder of a police woman or maiming of a K9 or something like that. It sounds like the problem was too many bored officers who were trying to effectively evict Garner from Staten Island with a campaign of low level arrests for unprovable offences.

JBo
JBo

If you're morbidly obese, you probably shouldn't fight/resist arrest. He had a heart attack. There was absolutely no damage to his throat/trachea area and if you're talking, you're moving air in/out of your lungs. He's not being choked. He certainly had enough experience breaking the law and getting arrested that he should have known better.

I agree with @IseeWhereThisIsGoing that this officer now has a huge target on his back. The administration/politicians are going to get him sooner or later.

WatchYourSix
WatchYourSix

People very quickly forget that Garner had been arrested numerous times and there were many complaints about Garner from CITIZENS in the neighborhood, or that Paramedics appeared to do nothing to help him when he was in distress.

The fact of the matter is that he died because he was in poor health and resisted arrest. Medical professionals have even acknowledged there was no damage to Garner's neck and that his breathing was never actually obstructed by Officers, but these are inconvenient facts that don't fit the cherry-picked narrative that liberals and Cop haters have been peddling for years.

People need to wake up and understand that they don't get to dictate to Police what they are and are not going to do when they are lawfully stopped and detained for a violation of the law, no matter what the violation is. Had Garner complied, he would most likely still be alive. It's a terrible tragedy, no doubt about it but that's not an excuse to make PO Pantaleo the scapegoat. The problem is, everyone is an expert. It's easy to armchair quarterback or be a sidewalk lawyer when you've NEVER DONE THE JOB. YOU try corralling a non-compliant 350lb individual. Had Pantaleo backed down, that would have just made the next Cop's job harder. People just don't get it. This is why education is so important.

Shastabeau
Shastabeau

Wasn't a choke hold! He could talk, it lasted 5 seconds! The guy died from obesity and heart attack! If you're in as badof health as this guy was, why the hell would you resist! Deblasio having people arrested for selling loose cigarettes is friggen stupid! Really stupid!

trainbuff
trainbuff

It was his own fault for not following the orders of law enforcement to begin with-same story, same results.

That's what Al Sharpton needs to focus on, training his own people in how to comply with simple, verbal commands, given in the English language.

While he's at it, teaching them NOT to break the law in the first place, might not be such a bad idea either!

HAWAIIBLUE
HAWAIIBLUE

Bullshit. Complete bullshit. A crime is a crime and resisting is resisting. Don’t resist, if you have pre existing medical conditions. Better yet how about don’t break the law at all.

bronx163
bronx163

Not shocking radical hispanic judge, appointed by the mayor recommends white cop be fired, who was never indicted by grand jury or by dept of justice. But radical left wing minority judge and activist tri this cop in public media. Garner killed himself. Fought the police and was 350 lb over weight individual. If he just put his hands behind his back and allowed to be cuffed he be alive today.

All nypd cops be on notice. Your thankless city will burn you if you ate male and white. Do nothing on patrol. Take a report move on to next job. Let these animals kill one another. Let the city implode. Let it chase businesses out of ny.

Let these criminal neighborhood activists destroy the city. Crime is up in subways and the streets. Criminals run the streets. Drug dealers dealing in the open daylight. Police Commissioner has no balls or spine. PC is not a cops cop. He’s de blasio’s lap dog/puppet. Has no csre in the world with cops committing suicide to cops moral in toilet. Cops have no support. A dept with no leadership.

Let burn street cops. Let them have what they want. Hands off and chaos. Let national guard do the policing.

Stanracer
Stanracer

Al who? Oh ya, that police hating, racist ass. Nobody care about what he has to say.

skidrowvet
skidrowvet

With THAT mayor and THAT city- you had to know this would be the outcome- Same here in Los Angeles- even if you can win you still lose-

HAWAIIBLUE
HAWAIIBLUE

This judge is probably just weighing his lesser of 2 evils. And it’s sad that the officers job is Answer. The judge sees the public backlash and the claim of racism and the usual nonsense “entitled” gripes as more of a concern and will never hear the end of it. Hopefully his union can get his job back. The typical answer to everything that can’t get resolved, “blame the police”. Never mind the guys size, never mind the public complaints, never mind that he broke the law. Never mind that he resisted, never mind that he brought it all upon himself. His family was used to living off of his illegal scheme to make money, and now they are lost without it. So what else to do? Sue the police, state, city. Anything to squeeze some money out of it. The officer losing his job will do nothing but prove in the family’s and haters eyes that the officer was “wrong”. If not already, then they’ll sue civilly and any which they they can to get that extra cash. All of a sudden when people commit crimes and resist arrest, they are exempt from listening to police? What next? The family doesn’t give 2 shits about “we don’t want the same thing to happen to anyone else”, they just want their payout. If they really cared, they would be concerned of where the money was coming from and why he was doing illegal things.

61mouse
61mouse

If I was him he should just resign and move out of NYS there are other police departments out there that will welcome him

61mouse
61mouse

From that picture it's NOT it looks like the officer is like a foot shorter. So how could he get a tight choke hold on him ?

Sgt Rock
Sgt Rock

Garner got what he deserved. Pantaleo should be exonerated and promoted.

DR226
DR226

Maldonado's report finds Pantaleo not guilty of aggravated assault or obstructing the breathing of Garner, so how can they charge him with using a choke hold. Choke - to obstruct airway, breathing. In the video's of the arrest Pantaleo doesn't have a contact with Garners trachea. Another officers life ruined by false accusations.

MajScallywag
MajScallywag

Start the ghetto lottery!!!!