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Chief investigative reporter Jonathan Dienst on crime, corruption and terrorism.
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Judge: Trial of White Officer in Eric Garner’s Chokehold Death Can Proceed

What to Know

  • NY judge is allowing a police disciplinary case to proceed against the white cop accused in the 2014 chokehold death of an unarmed black man
  • Judge rejected Officer Daniel Pantaleo's claim that a police watchdog agency didn't have jurisdiction to prosecute the case
  • Pantaleo's trial is scheduled to start Monday

A New York City judge is allowing a police disciplinary case to proceed against the white officer accused in the 2014 chokehold death of an unarmed black man.

Judge Joan Madden on Thursday rejected Officer Daniel Pantaleo's claim that a police watchdog agency didn't have jurisdiction to prosecute the case.

Pantaleo's trial is scheduled to start Monday.

The Civilian Complaint Review Board (CCRB) is prosecuting Pantaleo under a memorandum of understanding with the NYPD. His lawyer says the department should be handling the prosecution itself.

In a statement Thursday, CCRB Chair Fred Davie said the board "is the appropriate body to prosecute Officer Pantaleo."

"The CCRB's prosecutors are ready to begin the trial on Monday. We anticipate a fair and thorough process as we move toward closure for the Garner family and the City of New York," Davie said.

Pantaleo is charged with reckless use of a chokehold and intentional use of a chokehold in Eric Garner's July 2014 death on Staten Island.

Last month, Pantaleo's attorney said the The NYPD’s chief surgeon ruled that the officer accused in Garner’s death did not put him in a chokehold.

If convicted, Pantaleo could face punishment ranging from the loss of vacation days to firing. He is currently on desk duty.

Copyright AP - Associated Press
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