No federal charges for NYPD officer in Eric Garner fatal chokehold case

Attorney General William Barr made the final call a day before the statute of limitations was set to expire in the case against Daniel Pantaleo.
2:13 | 07/16/19

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Transcript for No federal charges for NYPD officer in Eric Garner fatal chokehold case
outrage here in New York City. A police officer will not face federal charges in the choking death of Eric Garner five years ago. A video of the incident shows garner saying "I can't breathe" at least 11 times before falling unconscious. He later died. Tonight, his family says the justice department failed them. Here's ABC's linsey Davis. I can't breathe! I can't breathe! Reporter: Five years after Eric Garner died after being put in a chokehold, unbridled emotion today from his family, after learning NYPD officer Daniel Pantaleo will not face federal charges. I'm going to scream it. Pantaleo needs to be fired! He needs to be fired! Reporter: The decision comes after a sharp divide within the justice department. The department civil rights division recommending profession cushion, while the U.S. Attorney's office in Brooklyn claims there wasn't enough evidence. In the end, attorney general William Barr made the final call, deciding not to prosecute. The video and the other evidence gathered in the investigation does not establish beyond a reasonable doubt that officer Pantaleo acted willfully in violation of federal law. I can't breathe. Reporter: Garner's dying words, "I can't breathe," caught on camera, as officers wrestled him to the ground after accusing him of selling cigarettes illegally. The 43-year-old father of six died shortly after Pantaleo placed him in that chokehold. Five years ago, my son said "I can't breathe" 11 times. And today we can't breathe because they have let us down. I can't breathe! Reporter: His death helped inspire a movement. This case started the resurgence of police accountability. This case brought to the forefront black lives matter, and no justice, no peace. Reporter: Eric Garner's mother is now demanding that that officer lose his job. He has remained on desk duty ever since garner's death and he has long denied any wrongdoing. It's now up to the police commissioner to decide by the end of August if he gets to keep his job. David? Linsey, thank you. Next tonight, much of the

This transcript has been automatically generated and may not be 100% accurate.

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