NYPD officer in Eric Garner case fired

By Mike Hayes, Meg Wagner and Veronica Rocha, CNN

Updated 7:12 p.m. ET, August 19, 2019
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2:02 p.m. ET, August 19, 2019

Eric Garner's daughter after officer firing: "We will continue to fight"

Eric Garner's daughter Emerald Garner vowed to continue to fight for justice following the tragic death of her father.

"I don't want another Eric Garner. I will do everything in my power to never see another Eric Garner," she told reporters.

"I don't even want to see another video of a person being choked out. Because it wasn't supposed to happen to him. It's not supposed to happen. I should not be here standing with my brother, fatherless. I should be standing here with my father. But Pantaleo took that away from me on 7/17. Yes, he's fired. But the fight is not over. We will continue to fight."

She also thanked NYPD Commissioner James O'Neill for his decision to fire Pantaleo.

"I thank you for doing the right thing," Emerald Garner said.

1:48 p.m. ET, August 19, 2019

NYPD judge's report found "grave misconduct" by officer Daniel Pantaleo

From CNN’s Mark Morales

A detailed report from NYPD Deputy Commissioner of Trials Rosemarie Maldonado on the death of Eric Garner found officer Daniel Pantaleo had committed "grave misconduct."

The report states "the use of the chokehold fell so far short of the objective reasonableness that this tribunal found it to be reckless — a gross deviation from the standard of conduct established for a New York City police officer. Moreover, respondent’s glaring dereliction of responsibility precipitated a tragic outcome.”

The report concluded that “there is only one appropriate penalty for the grave misconduct that yielded and equally grave result, respondent can no longer remain a New York City police officer.”

CNN obtained the report, which was issued earlier this month after the conclusion of an NYPD trial into Pantaleo's conduct. The report was obtained from a source familiar with the matter.

What we know about Maldonado decision: Pantaleo faced two charges during his departmental trial: use of a chokehold and restricting breathing. Maldonado mulled over the circumstances surrounding both charges for her ruling since the final day of deliberation in June.

As part of her ruling, Maldonado had to review the footage of Garner’s arrest in very fine detail. She focused in on the moments after Pantaleo takes down Garner. Pantaleo is seen on Garner’s back with one arm wrapped around his neck when he brings his other arm around and clasps them together, locking in the hold.

Pantaleo was trained not to use chokeholds while he was a rookie in 2006, according to the source. And Maldonado felt Pantaleo’s use of the move was both reckless and she states, “respondents egregious misconduct led to the deadly consequences his training anticipated and which the prohibition was designed to prevent.”

During the departmental trial, lawyers for Pantaleo argued that Garner’s neck was in the crook of his elbow and there was no pressure on his windpipe but rather on the sides of his neck, constituting a sleeper hold. Despite this, Maldonado ruled that while he was on top of Garner, he could have used a different tactic, not one that was banned by the NYPD.

But despite Maldonado’s ruling on Pantaleo’s use of the chokehold, she found that he was not guilty of restricting Garner’s breathing. The second charge had more to do with intent, meaning there needed to be clear intent to prevent someone from breathing in order for the charge to stick. But since Pantaleo made other attempts to subdue Garner with other NYPD approved tactics before the chokehold was applied, such as an arm bar, Maldonado ruled that it wasn’t Pantaleo’s goal to stop Garner from breathing.

NYPD Commissioner James O’Neill used this report as a guideline when making his decision to fire officer Pantaleo, which he announced at a news conference this afternoon.

1:12 p.m. ET, August 19, 2019

NYC police union says commissioner chose "his own self-interest over the police officers"

The Police Benevolent Association of the City of New York, a police union that represents nearly 50,000 active and retired NYC police officers, has put out a statement on the dismissal of Daniel Pantaleo.

PBA President Patrick Lynch said that Commissioner James O’Neill has “chosen politics and his own self-interest over the police officers he claims to lead.”

"The damage is already done. The NYPD will remain rudderless and frozen, and Commissioner O’Neill will never be able to bring it back. Now it is time for every PO in this city to make their own choice,” Lynch said in the statement.

Here is the union's full statement:

1:02 p.m. ET, August 19, 2019

Daniel Pantaleo wasn't told of his firing ahead of time, NYPD commissioner says

Daniel Pantaleo was not informed of his dismissal ahead of time, NYPD Commissioner James O’Neill said. 

O’Neill said that he has no plans to speak with Pantaleo.

12:56 p.m. ET, August 19, 2019

NYPD commissioner: There are "absolutely no victors here today"

NYPD Commissioner James O’Neill said he “examined the totality of the circumstances and relied on the facts,” noting he believes he reached the right decision.

“In this case the unintended consequence of Mr. Garner’s death must have a consequence of its own. Therefore I agree with the Deputy Commissioner of Trial’s legal findings and recommendations. It is clear that Daniel Pantaleo can no longer effectively serve as a New York City Police Officer,” O’Neill said.

“In carrying out the court’s verdict in this case, I take no pleasure. I know that many will disagree with this decision, and that is their right. There are absolutely no victors here today. Not the Garner family, not the community at large, and certainly not the courageous men and women of the Police Department who put their own lives on the line every single day in service to the people of this great city. Today is a day of reckoning, but can also be a day of reconciliation,” O’Neill said.
12:53 p.m. ET, August 19, 2019

NYPD commissioner: "Make no mistake about it, this is a tragedy for the Garner family"

NYPD Commissioner James O’Neill was just asked what he'd say to the family of Eric Garner.

Here's how he responded:

"From day one, we said that there was going to be a fair and impartial trial. This is the result. Make no mistake about it, this is a tragedy for the Garner family. I fully understand that. Mr. Garner was somebody's son, somebody's dad. Everybody in the NYPD understands that."
12:46 p.m. ET, August 19, 2019

Pantaleo will not receive his NYPD pension

Daniel Pantaleo will not receive his New York Police Department pension, NYPD Commissioner James O’Neill just said.

O’Neill said whatever contributions Pantaleo has already made towards his pension will be returned to him.  

12:56 p.m. ET, August 19, 2019

Here's what the NYPD chief said before announcing Pantaleo's firing

Before announcing Daniel Pantaleo's firing, NYPD Commissioner James O'Neill had a lengthy introduction describing the tough decisions police must often make.

"Every day in New York, people receive summons or arrested by officers without any physical force being used. But some people choose to verbally and/or physically resist the enforcement action lawfully being taken against them," he said

"Those situations are unpredictable and dangerous to everyone involved. The street is never the right place to argue the appropriateness of an arrest. That is what our courts are for. Being a police officer is one of the hardest jobs in the world."

O'Neill went on to explain the series of events that led to his decision today.

"No one believes that officer Pantaleo got out of bed on July 17, 2014, thinking he would make choices and take actions during an otherwise routine arrest that lead to another person's death. But officer's choices and actions even made under extreme pressure matter. It is unlikely that Mr. Garner thought he was in such poor help health that a brief struggle with the police would lead to his death. He should have decided against resisting arrest, but a man with a family lost his life. And that is an irreversible tragedy. And a hard-working police officer with a family and a man that took this job to do good, to make a difference in his home community has now lost his chosen career. And that is different kind of tragedy."
12:55 p.m. ET, August 19, 2019

BREAKING: NYPD fires officer accused of fatally choking Eric Garner

NYPD Commissioner James O'Neill just announced that officer Daniel Pantaleo has been fired.

"Trials Commissioner Maldonado ruled that officer Pantaleo’s use of a prohibited chokehold was reckless and constituted a gross deviation from the standard of conduct established for a New York City police officer," O'Neill said.

"I agree with the Deputy Commissioner of Trials legal findings and recommendations and it is clear that Daniel Pantaleo can no longer serve as a New York City police officer," O'Neill said.