NEW YORK (FOX5NY.COM) - Nearly four years after the death of Eric Garner, the federal case is now in the hands of the Trump administration. Federal civil rights prosecutors are recommending charges against NYPD Officer Daniel Pantaleo.
But the Justice Department is split on whether the case should move forward, according to the New York Times. The Obama administration authorized prosecutors to pursue an indictment. But Attorney General Jeff Sessions has pulled back on investigations against police.
"They're playing political games with the murder of my son," Gwen Carr, Garner's mother, said. "It's been nearly four years and there still is no justice."
Police union officials have always said Pantaleo used a takedown—not a chokehold, which would be against NYPD rules—when he tried to arrest Garner on Staten Island.
In late 2014, a Staten Island grand jury declined to bring criminal charges.
The PBA now said in a statement: "After more than three years, it is long past time for the Justice Department's leadership to put an end to this fishing expedition, close the case without charges, and let Police Officer Pantaleo move forward."
Pantaleo was stripped of his badge and gun and is on desk duty.
The mayor's office is urging the Justice Department to make its decision, saying "The NYPD has long been ready to proceed with its disciplinary process."