NYPD Commissioner Fires Officer Daniel Pantaleo Over Eric Garner Death

NYPD Commissioner James O'Neill said he was taking the trial judge's recommendation and firing Officer Daniel Pantaleo.

New York, NY – New York Police Department (NYPD) Police Commissioner James O’Neill on Monday announced the termination of NYPD Officer Daniel Pantaleo in connection with the death of Eric Garner.

“The unintended consequence of Mr. Garner’s death must have a consequence of its own,” Commissioner O’Neill told reporters at a press conference at NYPD headquarters.

He disputed rumors that City Hall and New York City Mayor Bill de Blasio had ordered him to fire the controversial police officer, and said his 34 years as an NYPD police officer had made it a difficult decision.

“If I was still a cop, I’d probably be mad at me. ‘You’re not looking out for us.’ But I am,” Commissioner O’Neill said.

He said that he had considered a separation option for Officer Pantaleo that would have let him keep his pension, but ultimately, decided to do a straight forward termination.

Officer Daniel Pantaleo had been suspended since Aug. 2 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.

In her decision, Maldonado said she found Officer Pantaleo’s denial of having used a chokehold on Garner “implausible and self-serving,” The New York Times reported.

She claimed the video and the autopsy showed “overwhelming evidence” Officer Pantaleo had used a chokehold despite being trained not to. The autopsy showed no damage to Garner's neck.

Deputy Commissioner Maldonado’s recommendation was forwarded to NYPD Police Commissioner James O’Neill, who held the power to make the ultimate determination about the fate of the officer’s employment.

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.

But Commissioner O’Neill also said that, had he been in Officer Pantaleo’s shoes, he might have made some of the same mistakes.

The commissioner said that he was confident NYPD officers would respect his decision in the matter and would understand why he had done it and brushed off concerns about the police union’s reaction.

Earlier this month, 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.

The police union and the mayor are holding dueling press conferences at 2 p.m. to address Officer Pantaleo’s termination.

Comments (67)
No. 1-20
Watcher 1
Watcher 1

Sounds like O'Neil spent his 34 years counting pencils and getting coffee.

jakki taylor
jakki taylor

I hope the NYPD officer sues and wins.

mikepal
mikepal

Not only does NYC have the worst Mayor ever, now the PC has absolutely no balls.

skidrowvet
skidrowvet

I saw the dog and pony show that this "cop's cop" gave and wat a spineless jerk. I was trained on the carotid control hold almost 40 years ago and what I saw this NY copper do- that was NO choke hold- not by a long shot. I did not see the coroner's report but from what I did read there was NO injury to the suspect's neck- so how can the NY commish say that the autopsy "showed overwhelming evidence" that this copper killed this man via the choke hold. I never believed in a work slow down before- but now, well Police Officers across the country have to think of themselves and their family first, and the citizens? I guess we just have to live in the world that politicians let us live. Sorry for the rant.

Burgers Allday
Burgers Allday

Bye, "Leo Pants." Don't spit in any burgers, even if the customer is black -- law enforcement officers that very seriously!

Excalibr4
Excalibr4

It's obvious the PC was torn. Reminds me of Blue Bloods and difficult decisions Tom Selleck had to make. The way I look at it, is the cop did not intend for the guy to die, but he did and I think the deciding factor was the video of the suspect saying he couldn't breath several times. When grappling with a 350 lb monster, you might as well throw the rulebook out the window, because his bulk does fit the illustrations in it. He may have even died because they were pressing on him face down and his visceral fat compressed his lungs inside his ribcage to the point of blackout. I think the officer got unfairly treated and the PC admitted he felt that way too, but there had to be accountability for the death. Hopefully, the LEO will sue and save his pension.

JohnP
JohnP

“He said that he had considered a separation option for Officer Pantaleo that would have let him keep his pension, but ultimately, decided to do a straight forward termination.”

F U O’Neil!

Hi_estComnDenomn
Hi_estComnDenomn

he's lucky he got away with only being fired. but if that's the best they could do, I'll take it I guess.

IseeWhereThisIsGoing
IseeWhereThisIsGoing

I think we all knew that this was what was going to happen. Officer Pantaleo's career was over the minute the city decided to cut a ghetto lottery check to the family of a career criminal who resisted arrest. This is pandering to the irrational emotional outrage, nothing more, and definitely not based on any actual facts.

The only person responsible for Eric Garner's death is Eric Garner.

JDS
JDS

The speech reminded me of James Comet's speech. He basically said that the cop was right & completely innocent & then fired him. Just like Comey said Hillary was totally guilty, but no charges.

LynnSB
LynnSB

This Officer has been cleared SEVERAL TIMES -- WTF just keep going until the Bleeding Heart Liberals get what they want -- SUE the hell out of them Officer Pantaleo

Woobie46
Woobie46

Officer Pantaleo Sue the pants off of the City, the Mayor, the commissioner and any/every other entity that made this completely UNFAIR ruling...including the asshat judge that started this bs!

Forbidden
Forbidden

he didn't die from a chokehold though. this guy is on some crack or something.

SusanM
SusanM

Being a mom to an NYPD son, I am totally disgusted of this officers firing.

fedupveteran
fedupveteran

Eric Garner brought about his own demise by first being a fat overweight pig criminal and second by being stupid enough to resist arrest. This all could have been avoided if he were not a career criminal and if he had just complied with his arrest and argued it in court. Why is it so difficult for these animals to comprehend?

tfort
tfort

The judge ruled he was dishonest and self serving. Tells you all you need to know.

CinGuz
CinGuz

There are consequences to your actions needs to be taught early on. If you chose to not follow police directions then you suffer the consequences. There is truly 1 very simple rule: Be a law abiding citizen & you won't need to deal with the police.

Hunter Riley
Hunter Riley

Look ma....another pompous ignorant liberal JACKA$$

bronx163
bronx163

FUCK YOU JIMMY ONEIL.

YOU ARE FUCKING COWARD.

61mouse
61mouse

NYC needs Frank Regan