Eric Garner: Family of black man who died during arrest attempt tell of anger as police officer avoids prosecution

The family of a black American who died during an attempted police arrest have voiced their anger after the white officer involved avoided prosecution.

Eric Garner’s mother, Gwen Carr, accused the Department of Justice of “failing us” after it allowed a five-year statute of limitations to expire without pressing criminal charges against New York officer Daniel Pantaleo.

Mr Garner, 43, was placed in a chokehold and suffered a heart attack after being stopped for allegedly selling loose cigarettes in Staten Island on July 17, 2014.

Footage filmed of Mr Garner pleading “I can’t breathe” 11 times as he is restrained by Mr Pantaleo sparked outrage and national protests against police discrimination.

US Attorney Richard P. Domnoghue yesterday said that while Mr Garner’s death was a “tragedy” there was “insufficient evidence” to file criminal charges against Mr Pantaleo or any other officer.

Mr Garner’s mother, Gwen Carr, and his daughter, Emerald Snipes, condemned the decision during an emotional news conference.

“Five years ago my son said ‘I can’t breathe’ 11 times. Today we can’t breathe because they [the federal government] have let us down,” Ms Carr said.

“We may never know justice in the DOJ but I think there will be justice, and we’re going to keep fighting. We’re not going away, so you can forget that.

“You think it could be swept under the rug? No, it’s not gonna be swept under the rug.”

Her daughter Emerald erupted in anger as addressed the Department of Justice’s decision.

“I stand here in the spirit of my sister who fought for justice until her dying day, for my father,” she said, referring to Erica, who died in December 2017 from a heart attack.

“Five years later and there’s still no justice. So no, there won’t be no calm. No, there won’t be no peace. No justice, no peace.”

She repeated calls to sack the officer, who has been restricted to desk duties since her father’s death.

A chant of “No justice, no peace!” erupted as Mr Garner’s family and their supporters gathered outside City Hall.

In the days after his death New York’s medical examiner ruled Mr Garner’s death was homicide induced by “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.”

But Mr Pantaleo’s lawyers argued he did not use a chokehold and instead an authorised “seatbelt” hold.

In a statement Sherrilyn Ifill, from the NAACP Legal Defense Fund, said the decision “constitutes a betrayal of Mr Garner’s family, New Yorkers, and African Americans across the country who have waited five years for justice in this case.”

Mr Pantaleo’s lawyer, Stuart London, said the officer was “gratified” the Justice Department had carefully reviewed his case rather than what he called the “lies and inaccuracies” surrounding it.

A spokeswoman for New York Mayor Bill de Blasio said the police commissioner would decide by August 31 whether the officer would be fired.