NYC reaches $5.9 million settlement in chokehold death case

FILE - In this July 8, 2015 file photo, Gwen Carr, mother of Eric Garner, right, joins women whose families members were killed by police officers after New York Gov. Andrew Cuomo signed an executive order that puts the office of the state attorney general in charge of investigating killings by police. New York City reached a settlement Monday, July 13 with the family of Garner for about $5.9 million, almost a year after the 43-year-old died in police custody. (AP Photo/Seth Wenig, File)

By Associated Press July 13, 2015 3 min read

NEW YORK (AP) – The family of a black man who died after being placed in a white police officer’s chokehold reached a $5.9 million settlement with the city on Monday, days before the anniversary of his death.

Eric Garner’s family in October filed a notice of claim, the first step in filing a lawsuit against the city, asking for $75 million.

Garner, who was 43, was stopped last July 17 outside a Staten Island convenience store because police officers believed he was selling loose, untaxed cigarettes. A video shot by an onlooker shows Garner telling the officers to leave him alone and refusing to be handcuffed.

An officer, Daniel Pantaleo, placed his arm around Garner’s neck to take him to the ground. Garner, who had asthma, is heard gasping “I can’t breathe!” 11 times before he loses consciousness. He was pronounced dead later at a hospital.

The city medical examiner found that the police chokehold contributed to Garner’s death. But a grand jury declined to indict the officer in the death. A federal probe is ongoing.