The sad case of Eric Garner

Prosecutors would need to prove that the officer, Daniel Pantaleo, subjected Garner to excessive force knowing it was a violation of Garner’s rights and New York law.

Barr’s final call followed a dispute between a Justice Department team from New York and the Civil Rights Division in Washington, D.C. The former argued there wasn’t sufficient evidence to prove beyond a reasonable doubt that Pantaleo attacked Garner in an intentionally malicious way. Civil rights officials disagreed.

Barr’s decision is the right one. Our justice system sets high legal standards that must be maintained. A grand jury agreed in 2014 when it voted against indicting Pantaleo. They decided the details of the case and the motives in question were too muddled.

Pantaleo put Garner in a headlock when the suspect, who was illegally selling individual cigarettes, resisted arrest. Surrounded by police, Garner was forced to the ground. He repeatedly said, “I can’t breathe,” before suffering fatal cardiac arrest. The entire encounter was captured on video, which has been reviewed by Justice Department officials and prosecutors hundreds, maybe even thousands, of times.

But even the facts are up for debate: Was Pantaleo’s headlock a legal maneuver? Was it a use of excessive force? Was the choke-hold alone what caused Garner’s death? None of the questions brought before the grand jury have been answered, so why would the Justice Department rule otherwise?

With that said, a few things are clear: Garner’s death was unnecessary, and Pantaleo should face repercussions for his actions. Garner’s death should not have happened. Video footage proves Pantaleo responded aggressively to a citizen who was not physically threatening him. You don’t have to buy the race-baiting mantra that Black Lives Matter activists are selling to understand that there is a line and that police do indeed sometimes cross it. There is a difference between refusing to cooperate, as Garner did, and violently resisting law enforcement, as Michael Brown did in Ferguson.

Luckily, cases like Garner’s are rare. There were 228,000 misdemeanor arrests in New York City in 2013, and not a single one resulted in a death. This rarity is why Garner’s death prompted so much outrage. And it’s why Pantaleo should be held accountable. Somehow, he became the exception to the norm. His crime was so minor, really just the result of overcriminalization of tobacco, that he shouldn’t have even been a target for the cops.

Pantaleo is still a police officer in New York City. He should be stripped of his badge — not because he’s a racist, or even a criminal, but because he failed to perform his duty to Eric Garner and the citizens of New York. He failed to protect them and to show the professionalism they deserve. The NYPD has brought departmental charges against Pantaleo and a hearing officer will make a determination soon. Let’s hope it’s the right one.

Meanwhile, Barr’s decision not to prosecute Pantaleo has angered many and reopened the wounds of those who love and remember Garner. But we cannot expect the Justice Department to abandon its legal standards to quench our anger, no matter how righteous. There’s a reason it isn’t called the Department of Vengeance.