William Bratton says NYPD set to decide on chokehold charges

NYPD Commissioner William Bratton said Wednesday the department was prepared to decide whether to bring charges against the officer implicated in the July 2014 death of Eric Garner but was holding off until a federal investigation was completed.

Speaking to reporters at police headquarters, Bratton said U.S. Attorney Loretta Lynch and her deputies asked the NYPD to put a hold on its internal review while federal prosecutors in Brooklyn consider possible civil-rights charges against Officer Daniel Pantaleo.

Bratton spoke about the Garner case in response to a question about what action the NYPD was taking against Pantaleo a year after the Dec. 3, 2014, Staten Island grand jury decision not to indict the officer, which triggered weeks of protest in the city. Pantaleo has been on modified duty since July 2014.

Feds ask city to postpone action

“We have completed our investigation, our administrative investigation, we are ready to proceed with it,” Bratton said, “but at the request of the Attorney General of the United States Loretta Lynch . . . and at the request of the acting U.S. attorney for the Eastern District, who is leading the federal government civil-rights probe into this incident . . . we have effectively stopped our investigation until they have completed their investigation.”

A police official said the department inquiry into Pantaleo’s actions had concluded, but what remained was a decision on what charges — if any — should be brought against him. Pantaleo was seen on an amateur video applying what appeared to be a chokehold banned by the department to Garner, who police said was resisting arrest. The medical examiner said Garner, who had asthma and cardiovascular disease, died as a result of a chokehold, as well as chest compression.

Stuart London, the attorney representing Pantaleo, told Newsday federal investigators have interviewed a number of witnesses but have not asked to talk with his client. London expected a decision soon by federal prosecutors about whether they would bring a civil-rights complaint.

Wait for a decision could take a year

Legal experts have said it can take as long as a year for federal officials to consider civil-rights prosecutions and that they often decide against bringing cases because the laws set a high standard.

Bratton said he didn’t know how long the federal authorities would take to finish their investigation.

“I don’t have the faintest idea, nor do I think they do as to when they may finish their actual investigation,” Bratton said.

“When they finish their investigation our administrative case with go forward,” Bratton said, adding that a potential public trial might result.

“That is still quite a way away,” Bratton said.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.