NEW YORK (1010 WINS/AP) -- 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.
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Pantaleo's trial is scheduled to start Monday.The Civilian Complaint Review Board is prosecuting Pantaleo under a memorandum of understanding with the NYPD. His lawyer says the department should be handling the prosecution itself.
"As Deputy Commissioner of Trials Rosemarie Maldonado already decided and Justice Madden today confirmed, the Civilian Complaint Review Board is the appropriate body to prosecute Officer Pantaleo," the CCRB said in a statement."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."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.
Garner's family has spoken out often about the time it's taken to get Pantaleo a trial, and why only one other officer faces charges.
"He was the one who put my son in the illegal chokehold, a chokehold that has been banned, and he is going home with a six-figure salary," Garner's mother, Gwenn Carr, has said. "We are calling for justice, we are outraged, and we are not going to take this anymore."
If convicted, Pantaleo could face punishment ranging from the loss of vacation days to firing. He is currently on desk duty.
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