Officer Daniel Pantaleo in Eric Garner's death should be fired, an administrative judge recommends - NBC News

A New York administrative judge recommended that Daniel Pantaleo, the New York City police officer at the center of Eric Garner's July 2014 death case, should be fired from the department, sources said Friday.

Now it is up to the city's police commissioner whether Pantaleo will keep his job.

The recommendation from the administrative judge was applauded by Garner's family.

"This has been a long battle. Five years too long. And finally, someone has said this cop has done something wrong,” Garner's daughter, Emerald Garner Snipes, said at a news conference following news of the recommendation.

People participate in a protest to mark the five year anniversary of the death of Eric Garner during a confrontation with a police officer in the borough of Staten Island on July 17, 2019 in New York City.Spencer Platt / Getty Images

She called on New York Police Commissioner James O'Neill to “do your job” and fire Pantaleo.

“We don’t want to wait no more. Make your decision, Mr. O’Neill, as soon as possible," she said.

The head of the city's Civilian Complaint Review Board also urged O'Neill to "uphold this verdict and dismiss Pantaleo."

"Today's decision confirms what the Civilian Complaint Review Board always maintained: Officer Daniel Pantaleo committed misconduct on July 17, 2014, and his actions caused the death of Eric Garner," a statement read.

The recommendation is the result of a departmental trial earlier this year.

The officer, who was seen in cellphone footage from the July 2014 incident with his arm around Garner's neck as the unarmed black man repeatedly said "I can't breathe," has been on administrative duty since the death.

The judge's recommendation comes days after Mayor Bill de Blasio was heckled on national television during a Democratic presidential debate with calls to "Fire Pantaleo."

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It also comes weeks after the U.S. Justice Department said it would not bring federal civil rights or criminal charges against Pantaleo following a five-year investigation.

Garner, 43, who was asthmatic, was getting arrested on Staten Island on July 17, 2014, for allegedly selling loose cigarettes. A video a bystander took showed Pantaleo putting Garner in an apparent chokehold, which is prohibited by NYPD policies.

A father of six, Garner said he could not breathe 11 times during his arrest before going into cardiac arrest. He was pronounced dead at the hospital.

His death sparked national protests and the phrase "I can't breathe" became a rallying cry for police reform.

In August 2014, a medical examiner ruled Garner's death a homicide, saying the chokehold was the cause. A grand jury on Staten Island declined to indict Pantaleo in Garner's death.

Pantaleo has said that he performed a legal move called the "seatbelt" on Garner.