STATEN ISLAND, N.Y. – After more than a month of decision making, the NYPD’s deputy commissioner of trials recommended Friday that Island Officer Daniel Pantaleo be fired from the department for his role in the 2014 death of Eric Garner on Bay Street, officials said.

Pantaleo’s long-awaited disciplinary trial came to an end in June and Deputy Commissioner of Trials Rosemarie Maldonado had been mulling a recommendation to hand to Police Commissioner James O’Neill on whether to punish Pantaleo.

O’Neill now has the final say in how to punish the Island officer, and in an interview on Thursday, he indicated that could still take a week or two.

Before he makes that decision, both the Civilian Complaint Review Board (CCRB) and Pantaleo’s attorney will submit their arguments to O’Neill for him to consider.

The CCRB issued the following statement on Friday: “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."

The NYPD announced Friday Pantaleo would be suspended without pay for 30 days in light of the recommendation.

Prosecutors from the CCRB had to not only prove Pantaleo violated department rules for allegedly using a banned chokehold on Garner in their 2014 altercation on Bay Street, but also show that his actions fit the criteria for criminal charges of assault and strangulation.

Garner’s family and supporters had pressed Mayor Bill de Blasio to step in and fire the officer himself as O’Neill’s boss; de Blasio has said that overriding O’Neill’s decision would be illegal.

“This is not justice for the Garner family,” said Rev. Al Sharpton in a press conference moments after word of the ruling leaked. “Justice for the Garner family would have been a federal proceeding.”

“There is still going to be a fight,” he continued. “This is the first time that officially someone made the decision that someone is wrong in this situation.”

Several of Garner’s children joined Sharpton and called on O’Neill to make a quick decision.

“Commissioner O’Neill, fire Pantaleo,” said Emerald Snipes, Garner’s daughter. “We’ve been waiting for five years for someone to say he did something wrong. Make your decision Mr. O’Neill, as soon as possible.”

The CCRB had argued that the technique Pantaleo used was a banned chokehold, a move that should not have been used, especially in a low-level crime for selling untaxed cigarettes.

But Pantaleo’s attorneys had painted a picture of Garner dying as a result of his own physical ailments and poor health. They also said Pantaleo used an approved seat belt maneuver on Garner to restrain him.

The recommendation to fire the officer comes a little over three weeks after Attorney General William Barr opted not to pursue federal charges against Pantaleo, a verdict that angered his family and supporters who said they were blindsided by the decision.

The Department of Justice (DOJ) launched a civil rights investigation into the incident after a grand jury on Staten Island declined to indict Pantaleo on criminal charges.

The DOJ investigation took five years to make – spanning two presidential administrations and four attorneys generals.

The DOJ’s verdict sparked outrage among Garner’s supporters, who started an 11-day-long protest city wide.

Protestors chanted “F--- racist police” near Pantaleo’s Staten Island home during a rally on Saturday.

Gwen Carr, Garner’s mother, said on Friday that while the recommendation brought her relief, there still was a long way to go.

“My family and I have been fighting for five long years for justice and accountability for Eric’s murder – and Mayor de Blasio and the NYPD have put up roadblocks and delays every step of the way," she said. “It brings me some relief to learn that Judge Maldonado has recommended that Pantaleo be fired – but the recommendation is long overdue, I’m still not allowed to see Maldonado’s report and we still have a ways to go before there is true accountability for Eric’s murder.”

She called for disciplinary trials and the firing of other officers present during the fatal encounter.

“A disciplinary trial for Sgt. Kizzy Adonis must be scheduled immediately, and all officers responsible for my son’s death and for engaging in misconduct to cover it up must be charged and fired – including Justin D’Amico and Lt. Christopher Bannon," she said.

Patrick J. Lynch, the president of the Police Benevolent Association, called the judge’s recommendation “pure political insanity.”

“If it is allowed to stand, it will paralyze the NYPD for years to come,” he said. “This judge ignored the evidence and trampled P.O. Pantaleo’s due process rights in order to deliver the result that the grandstanding politicians and protesters demanded.”

He said the only “hope for justice” for Pantaleo lies with O’Neill.

COMPLETE COVERAGE

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