The New York City police officer who escaped indictment by a grand jury in the July 17 chokehold death of Eric Garner is still under Police Department investigation over possibly using excessive force.
If officer Daniel Pantaleo is charged by the department's Internal Affairs Bureau, "there will be a departmental trial," the
New York Post reports, citing an unnamed source.
At the end of such a trial, the Department Advocate's Office would make recommendations to Police Commissioner Bill Bratton for Pantaleo either to be fired, disciplined or go unpunished, the Post reports.
Bratton has the final say on whether Pantaleo remains on the force, the Post reports. The officer has been
suspended since mid-July.
The Post reports it's likely the advocate's office will recommend disciplinary action against Pantaleo because chokeholds have been banned by the police department.
"The chokehold, however not criminal, does violate the patrol guide procedure in section 203 'use of force,' but the department advocate will merely make a suggestion of discipline to Bratton," a law enforcement source told the Post.
A cellphone video of the July 17 arrest shows Pantaleo, who is white, wrap his arms around the black suspect's neck as he wrestles him to the ground.
Bratton also described Pantaleo's arrest tactic as an "apparent chokehold" in the wake of the incident, the Post reports.
Meanwhile, the Garner family and New York federal lawmakers are pressing for a federal investigation.
"I'm struggling, because I'm also a father of two young African-American boys," New York Democratic Rep. Hakeem Jeffries said, the
National Journal reports.
"I don't know what to say about what is happening in this country right now," Jeffries said. "We're better than this as a country."
Jeffries announced that he, along with other members of New York's congressional delegation, would "renew the call for the Department of Justice to step in today and commence an immediate investigation."