The finding sets in motion the final stage of a long legal and political battle over the fate of the officer, Daniel Pantaleo, who has become for many critics of the New York Police Department an emblem of what they see as overly aggressive policing in black and Hispanic neighborhoods.
How to handle Pantaleo’s fate has been a political minefield for both Police Commissioner James P. O’Neill — who now must decide whether to fire him and incur the wrath of police unions — and Mayor Bill de Blasio, who for years has expressed solidarity with the Garner family while avoiding saying whether Pantaleo should remain on the force.
For the police, Garner’s death was a watershed moment, forcing a reckoning over how the department engaged with its residents. Across the country, his last words — “I can’t breathe” — became a battle cry for the Black Lives Matter movement, and led to sweeping changes in use-of-force policies.
But Pantaleo’s continued employment has shadowed de Blasio, dogging him as he embarked on a run for president as a progressive Democrat.
His unwillingness to call for Pantaleo’s dismissal came up at the Democrat’s national debate Wednesday night when he was criticized by his fellow New Yorker, Sen. Kirsten Gillibrand, and by protesters shouting “Fire Pantaleo.”
Under the City Charter and court rulings, O’Neill has the final say over whether Pantaleo will be dismissed and lose his pension. Prosecutors and the defense typically have up to two weeks to respond to the findings of the judge, Rosemarie Maldonado, a deputy police commissioner who oversees disciplinary hearings.
In recent weeks, O’Neill has found himself caught between elected officials and community leaders who have been calling for the officer to be fired and leaders of police unions who have cast Pantaleo as a scapegoat.
The Garner family called on O’Neill to dismiss the officer immediately.
A Police Department spokesman said O’Neill had yet to receive a copy of the judge’s report and would not make a decision until later this month, after lawyers for both sides have a chance to comment on the conclusions. O’Neill did suspend Pantaleo on Friday.
This article originally appeared in The New York Times.