Reacting to the decision, the family of Eric Garner, a black man, says ‘we can’t breathe because they let us down’.

The white New York police officer who put Eric Garner, a black man, in a fatal chokehold during an attempted 2014 arrest, fueling the rise of the Black Lives Matter movement, will not face federal criminal charges, Brooklyn’s top federal prosecutor said on Tuesday.

Garner’s death on a sidewalk during an arrest for allegedly selling untaxed cigarettes, and his gasped final words “I can’t breathe” caught on bystander video, played a key role in the rise of the movement decrying excessive use of force by police officers against black men and teens in the United States.

Garner’s family immediately blasted the decision clearing Daniel Pantaleo, the officer who put Garner in a prohibited chokehold, in a news conference as a betrayal.

US Attorney Richard Donoghue confirmed the decision at a news conference.

“The death of Eric Garner was a tragedy,” Donoghue said. “The job of the federal prosecutor, however, is not to let our emotions dictate our decisions.”

A lengthy Department of Justice review of the incident did not reach a conclusive determination as to whether Pantaleo willfully committed misconduct, an “essential element” necessary to bring federal charges, a senior department official told reporters at a briefing in Washington, DC.

US Attorney General William Barr made the ultimate call, siding with federal prosecutors in Brooklyn, who had not wanted to charge Pantaleo, over the department’s civil rights division, which had wanted to bring charges, the official said.

The official confirmed that no New York police officer – not just Pantaleo – will face any charges.

‘Today we can’t breathe’

After meeting with federal prosecutors in Brooklyn, members of Garner’s family held a news conference with civil rights activist Reverend Al Sharpton.

“The DOJ has failed us,” said Garner’s mother, Gwen Carr, adding that she wanted to see Pantaleo fired. “Five years ago, my son said ‘I can’t breathe’ 11 times, and today we can’t breathe because they let us down.”

A New York grand jury in 2014 declined to charge Pantaleo, who has been assigned to desk duty since Garner’s death and faced a disciplinary trial in May at New York City Police Department headquarters.

A departmental judge is due to make her recommendations to New York Police Commissioner James O’Neill, who will then ultimately decide whether to punish Pantaleo. He could lose vacation days or be fired.

Gwen Carr, mother of the late Eric Garner, wipes away tears after speaking to the press outside the US Attorney’s office following a meeting with federal prosecutors [Drew Angerer/Getty Images/AFP]

The NYPD said its disciplinary process on Pantaleo will not be affected by the federal prosecutors’ decision.

The Civilian Complaint Review Board, the city oversight agency that prosecuted the departmental trial against Pantaleo, called the Justice Department’s long-delayed decision “an utter travesty”.

“Our last hope for justice in this case lies with the Police Commissioner,” CCRB Chairman Fred Davie said in a statement. “CCRB prosecutors presented evidence at trial that showed – unequivocally – that Officer Pantaleo engaged in misconduct worthy of termination.”

Chokehold

New York’s Police Benevolent Association union welcomed the news.

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“Although Mr Garner’s death was an undeniable tragedy, Police Officer Pantaleo did not cause it,” PBA President Patrick Lynch said in a statement.

“Scapegoating a good and honourable officer, who was doing his job in the manner he was taught, will not heal the wounds this case has caused for our entire city.”

The New York City Chief Medical Examiner’s office ruled that Garner’s death was a homicide induced by “compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police.”

Protesters march through Times Square, New York City, for Eric Garner [File: Eduardo Munoz/Reuters]

Pantaleo’s lawyers have argued he did not use a chokehold, but instead used an authorised “seatbelt” hold that slipped as Garner struggled, and that the officer did not cause Garner’s death.

“It is always a tragedy when there is a loss of life,” Stuart London, a lawyer for Pantaleo, said in a statement. “Officer Pantaleo is gratified that the Justice Department took the time to carefully review the actual evidence in this case rather than the lies and inaccuracies which have followed this case from its inception.”

In 2015, New York City officials agreed to pay Garner’s family an out-of-court settlement of $5.9m to resolve a wrongful death lawsuit.

The incident, and other high-profile police killings of black men and teens in cities including Ferguson, Missouri, and Baltimore, set off a wave of nationwide protests in 2014 and 2015.

Several Democratic contenders for the White House, including New York Mayor Bill de Blasio, condemned the decisions.

“Years ago, we put our faith in the federal government to act,” de Blasio said in a statement. “We won’t make that mistake again.”