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insufficient evidence the justice department will not charge the New York police officers involved in the death of Eric garner I two thousand fourteen incident that brought nationwide protests and helped fuel the rise of the black lives matter movement garner died during an attempted arrest in Staten Island after he was briefly placed in a chokehold by officer Daniel Pantaleo garner's last words caught on bystander video were I can't read , but the US attorney overseeing the case on Tuesday said it could not be proven that Pantaleo acted willfully in violation of federal law Mister Gardner stated I can't breathe he made this statement only after he fell to the sidewalk and after officer Pantaleo released his grip from Mister Gardner smack garner's family blasted the decision as a betrayal and stood with the Reverend al Sharpton to review gets five years ago %HESITATION gone was choked to death today the federal government choke lady justice plain clothes police officers tried to arrest garner for allegedly selling loose cigarettes and a cell phone video captured the forty three year olds final moments Pantaleo lawyers argued he did not use the chokehold but instead used an authorized seatbelt hold that slipped as garner struggled and on Tuesday prosecutors agreed at this point there is nothing in the video to suggest that officer Pantaleo intended , or attempted to place Mister garner in a chokehold in December two thousand fourteen a New York grand jury declined to indict the officer on state criminal charges the NYPD has conducted an internal disciplinary review which could result in Pantaleo being fired several democratic contenders for the White House including New York mayor bill de Blasio condemned the decision US senator Kamilla Harris of California a former prosecutor wrote on Twitter this is a miscarriage of justice my heart breaks for the garner family