The decision to not prosecute NYPD Officer Daniel Pantaleo in Eric Garner’s death was ultimately made by Attorney General William Barr himself — because of “insufficient evidence” in the case, Brooklyn’s top prosecutor announced Tuesday.

US Attorney Richard Donoghue said that after an extensive five-year investigation, the Department of Justice couldn’t prove that Pantaleo “acted in willful violation of the law” — while noting that Garner was not in a chokehold when he repeatedly gasped, “I can’t breathe.”

“For anyone to die under circumstances like this is a tremendous loss. For the family to suffer as this family has only compounds that loss,” Donoghue said at a press conference. “But these unassailable facts are separate and distinct from whether a federal crime has been committed. And the evidence here does not support charging Police Officer Daniel Pantaleo or any other officer with a federal criminal civil rights violation.”

He later said, “Significantly, Officer Pantaleo was not engaged in a chokehold on Mr. Garner when he said he could not breathe, and neither Officer Pantaleo nor any other officer applied a chokehold to Mr. Garner after he first said he could not breathe.”

The decision to not bring civil rights charges against Pantaleo comes the day before the statute of limitations in the case was to set to expire — and the fifth anniversary of Garner’s death on July 17, 2014.

Prosecutors met with Garner’s family and their advisers Tuesday morning ahead of announcing the decision, which leaked about 90 minutes beforehand.

Donoghue said the government was tasked with the uphill battle of proving beyond a reasonable doubt “that an officer willfully used more force than he reasonably could have believed was necessary under the circumstances.”

He also pointed to a disagreement among medical experts as to the cause of Garner’s death. One medical examiner ruled his death a homicide, while another couldn’t conclusively say whether the chokehold was the cause.

Two other medical experts said the heart attack Garner suffered could’ve stemmed from a number of causes.

“This is significant because it casts doubt upon whether the chokehold itself caused Mr. Garner’s death,” Donoghue said.

Donoghue said the investigation relied heavily on video of the encounter between Garner and the officers — who were attempting to arrest him for selling loose cigarettes.

“The video shows that the officers’ initial actions were in accordance with established police tactics and procedures, but that the situation deteriorated as it progressed,” he said.

Pantaleo used “two approved NYPD tactics” involving force to subdue Garner, who was resisting arrest — an “arm bar” and a “rear takedown” or “seat belt.”

It was the latter maneuver that caused Garner to lose balance and fall backward with Pantaleo, whose body slammed against a store window.

“It appears that, in response to that collision, and to maintain a hold on Mr. Garner, Officer Pantaleo wrapped his left arm around Mr. Garner’s neck, resulting in what was, in effect, a chokehold,” Donoghue said.

That hold lasted for about seven seconds, he added.

Donoghue said the “significant difference in size and weight” between the two men contributed to the difficulty in placing Garner under arrest. Garner was 6 feet 2 and weighed close to 400 pounds, while Pantaleo is “considerably smaller,” according to Donoghue.

Pantaleo’s lawyer Stu London said “it is always a tragedy when there is a loss of life” — but defended his client’s actions that day.

“Officer Pantaleo utilized NYPD approved techniques to make the arrest in this case,” London said. “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 since its inception.”

A Staten Island grand jury declined to prosecute Pantaleo in 2014.

The cop underwent an NYPD disciplinary trial recently, though a ruling has not yet been issued.

In a statement, NYPD spokesman Phil Walzak said the DOJ’s decision doesn’t affect the departmental proceeding.

“Commissioner [James] O’Neill is now awaiting the report and recommendation from the Deputy Commissioner of Trials, after which he will make the final determination on the matter,” Walzak said. “In order to ensure the integrity of the process, the NYPD will not comment further at this time.”

Pantaleo, who was stripped of his badge and gun, has been on desk duty since Garner’s death.

In a statement, Police Benevolent Association president Pat Lynch said the feds’ decision to not prosecute Pantaleo clears his name.

“Scapegoating a good and honorable 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,” Lynch said. “We firmly believe that if the NYPD decides the disciplinary case on the facts, free of improper political influence, that Police Officer Pantaleo, will be fully exonerated of any wrongdoing.”

Meanwhile, Fred Davie, the chair of the city Civilian Complaint Review Board, which brought the case against Pantaleo in his departmental trial, called on O’Neill to fire the cop.

“Our last hope for justice in this case lies with the police commissioner,” Davie said. “CCRB prosecutors presented evidence at trial that showed — unequivocally — that Officer Pantaleo engaged in misconduct worthy of termination. The evidence directly contradicts the statements made earlier today by the United States attorney for the Eastern District.”

Additional reporting by Stephanie Pagones and Tina Moore