The Department of Justice won’t bring criminal civil rights charges against NYPD Officer Daniel Pantaleo in the death of Eric Garner, a source familiar with the case told The Post on Tuesday.
Federal prosecutors in Brooklyn will announce the decision following a meeting with Garner’s family on Tuesday, the day before the fifth anniversary of his death — and the deadline by which they’d have to file some of the potential charges.
An NYPD administrative trial of Pantaleo for his alleged use of a banned chokehold on Garner wrapped last month without the cop taking the stand. His attorney Stuart London cited his client being the subject of the feds’ ongoing investigation as the reason behind that decision.
A judge’s ruling in that proceeding is expected in the coming months, though NYPD Commissioner James O’Neill has not said if he’ll publicize the outcome.
The DOJ launched a probe into Garner’s death immediately after a Staten Island grand jury declined to indict Pantaleo in December 2014.
The feds faced a five-year statute of limitation to bring charges against Pantaleo in Garner’s July 17, 2014, death, which a city medical examiner testified was the result of a chokehold allegedly applied by Pantaleo.
The maneuver triggered Garner’s asthma and led to a heart attack.
The 43-year-old father of six was caught on video that day repeatedly gasping “I can’t breathe” before dying.
Pantaleo was stripped of his badge and gun after Garner’s death and has been on desk duty.
In 2015, the city reached a $5.9 million settlement with t🌱he Garner family, the largest ever for a wrongful-death case against ꧋an NYPD officer.
London did not immediately return a message.