NYPD judge recommends firing officer in Eric Garner death

NEW YORK (AP) — An administrative judge recommended Friday firing the New York City police officer accused of using a chokehold in the 2014 death of an unarmed black man whose dying pleas of "I can't breathe" became a rallying cry against alleged police brutality.

The judge's findings in the disciplinary case of Officer Daniel Pantaleo were provided to his lawyer and the city agency that acted as a prosecutor at his department trial last spring.

Pantaleo's lawyer will have about two weeks to submit responses before Police Commissioner James O'Neill makes a final decision on punishment.

"Today's decision confirms what the Civilian Complaint Review Board always has maintained: Officer Daniel Pantaleo committed misconduct on July 17, 2014, and his actions caused the death of Eric Garner," said Fred Davie, chairman of the review board that served as the prosecutor.

The administrative judge, NYPD Deputy Commissioner of Trials Rosemarie Maldonado, had been tasked with deciding whether Pantaleo used a banned chokehold to take Eric Garner to the ground during a tense confrontation on a Staten Island street. Pantaleo's lawyers had argued he used an approved "seat belt" technique to subdue Garner, who refused to be handcuffed after officers accused him of selling untaxed cigarettes.

Videos taken by bystanders showed Garner crying out "I can't breathe" at least 11 times before he fell unconscious. The medical examiner's office said a chokehold contributed to Garner's death.

Pantaleo's lawyer, Stuart London, was scheduled to speak Friday afternoon along with union officials who have supported the officer.

Rev. Al Sharpton, appearing with two of Garner's children, called on the police commissioner to "immediately and unequivocally accept the recommendation of the judge and do...