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District Attorney Will Empanel Grand Jury In NYPD Chokehold Death Case

Aug 19, 2014, 21:15 IST

AP/Julie Jacobson A young boy stops as he passes a makeshift memorial for Eric Garner.

Though much of the U.S. is focused on the racially-charged protests in Ferguson, Missouri, a New York City district attorney is moving forward with his investigation of the death of another African-American man, Eric Garner, who also died in a fatal confrontation with police.

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Staten Island District Attorney Dan Donovan announced on Tuesday that he will soon empanel a grand jury to potentially bring charges regarding Garner's death, which the city's medical examiner ruled a homicide in August.

"Based upon the investigation that my office has conducted to date regarding the July 17, 2014, death of Eric Garner, and after a careful review of the recent findings of the Medical Examiner regarding the cause and manner of Mr. Garner's death, I have determined that it is appropriate to present evidence regarding the circumstances of his death to a Richmond County Grand Jury," Donovan said in a statement. "I intend to utilize that Grand Jury sometime next month to begin presenting evidence on this matter."

Several Democratic members of Congress and other critics have accused Donovan, a Republican, of being too close to the NYPD to objectively prosecute the police officer who aggressively arrested Garner shortly before his death. In a video, the officer appeared to use a chokehold - a banned police tactic - to subdue Garner, who repeatedly yelled, "I can't breathe!"

But Donovan insisted he was simply taking his time in order to be fair in how he approached the case.

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"Mindful of the solemn oath to enforce the law that I took when I was first sworn into office as District Attorney in January of 2004, and with a full appreciation that no person is above the law, nor beneath its protection, I assure the public that I am committed to conducting a fair, thorough, and responsible investigation into Mr. Garner's death, and that I will go wherever the evidence takes me, without fear or favor," he said.

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