A state appeals court has ruled that former New York City police officer Daniel Pantaleo, who placed Staten Island resident Eric Garner in a chokehold in an attempted 2014 arrest that helped lead to Garner dying after calling out, “I can’t breathe,” should not be reinstated as a police officer.

“Substantial evidence supports respondents’ [the police department’s] conclusion that [Pantaleo] recklessly caused injury to Eric Garner by maintaining a prohibited chokehold for 9 to 10 seconds after exigent circumstances were no longer present, thereby disregarding the risk of injury,” wrote the Appellate Division, First Department court in a decision in which the court considered Pantaleo’s legal action aimed at gaining reinstatement to the force.

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