NEW YORK (1010 WINS) — NYPD officer Daniel Pantaleo should be terminated related to his involvement in the death of Eric Garner, an NYPD departmental administrative judge recommended Friday.
But NYPD Commissioner James O'Neill has a final say on the outcome. O'Neill said Thursday morning that a decision could come within two weeks.
An NYPD spokesman said in a statement, "The Police Commissioner is aware of media reports and public statements today regarding the Pantaleo trial. Consistent with the NYPD disciplinary process, the Police Commissioner has not been provided the draft report. It has been shared with the CCRB and the defense, for a standard period of final comment from each. The Deputy Commissioner of Trials will then deliver the completed report, with those comments, to the Police Commissioner for final disposition - to be determined this month. Officer Pantaleo has been suspended, effective today, as is the longstanding practice in these matters when the recommendation is termination ... In order to protect the integrity of the trial proceedings and conclusion, the NYPD will not comment further until the Police Commissioner makes the final determination."
Garner's daughter, Emerald, said the ruling is bittersweet. "This has been a long battle, five years too long, and finally someone has said this cop did something wrong," she said. "It's been way too long to say he did something wrong."
Fred Davie, the chair of the New York City Civilian Complaint Review Board (CCRB) issued a statement on Friday saying, "Today's decision confirms what the Civilian Complaint Review Board always has maintained: Officer Daniel Pantaleo committed misconduct."
Mayor Bill de Blasio said at a press conference, "Today for the first time in these long five years, the system of justice is working." Protesters interuppted de Blasio, shouting "fire Pantaleo!"
But Pat Lynch, president of the Patrolmen's Benevolent Association of the City of New York, furiously slammed the decision, telling reporters, O'Neill "needs to make the right decision and let this officer go on with his career ... We're calling on the police commissioner today to save the New York City police department, allow us to be effective again." He suggested O'Neill does not "listen to the mob."
He added, "The decision that was passed down today saying that this police officer was reckless is ludicrous. New York City police officers now will be considered reckless every time they put their hands on someone."
Lynch said, "This is not just a fluke that happened one time in Staten Island, this can happen several times a tour" that we have to put hands on someone. "When you call 911, what do you expect us to do?"
Pantaleo's lawyer, Stuart London, said, "if you call this reckless assault, then almost any arrest on the street would be reckless assault."
After the recommendation was made, Ed Mullins, president of the Sergeants Benevolent Association, tweeted a meme depicting O'Neill in a toilet, with "Bill how much longer do I have to sit here," written across it, making a reference to the mayor. "JIMMY the WEASEL- The infamous Cops Cop? Needs to RESIGN immediately," he also wrote.
Garner died five years ago on Staten Island in the process of an arrest and confrontation over the sale of loose cigarettes. The action sparked outrage and protests. And during Mayor Bill de Blasio and Sen. Cory Booker's opening statements at Wednesday's Democratic presidential candidate debate in Detroit, hecklers shouted, "fire Pantaleo!"
Critics allege Pantaleo used an illegal chokehold maneuver on Garner while effecting an arrest, while his attorney claimed it was an authorized seat belt hold.