Staten Island prosecutor to take Eric Garner death to grand jury

STATEN ISLAND (WABC) -- Staten Island District Attorney Daniel M. Donovan, Jr. announced Tuesday that he will take the case of Eric Garner's death at the hands of police to a grand jury.

Garner died in July after being put into an apparent chokehold during an arrest on Staten Island.

Police suspected Garner of selling loose, untaxed cigarettes.

Amateur video shows the 43-year-old gasping "I can't breathe" as an officer places him in a chokehold.

Donovan says his decision is based on his office's investigation and the medical examiner's ruling that the death was homicide. He says a court granted his request for the extra grand jury on Monday.

The Rev. Al Sharpton is leading a protest to Donovan's office on Saturday. He's calling for charges against the officers involved in Garner's death. He issued the following statement:

"I am in consultation with the lawyers and family on the announcement this morning, but we still maintain that we have asked the federal government to intervene in this case. The family, attorneys and I will be meeting with the US Attorney for the Eastern District of New York, Loretta Lynch, this Thursday at 3 p.m. at her office to pursue that. This announcement does not impact our move for federal takeover of this case at all."

New York City PBA President Patrick J. Lynch also responded to the announcement that the case was being turned over to a grand jury.

"We are encouraged that this process is moving forward," he said. "And we are confident that a fair and impartial grand jury that is allowed to conduct its deliberations based on facts and not emotion or political considerations will see that justice is served."

Here is the full text of Donovan's release:

"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. Yesterday, the Court granted my application for the impaneling of an additional Grand Jury and I intend to utilize that Grand Jury sometime next month to begin presenting evidence on this matter.

"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.

"Notwithstanding the keen public interest in this matter, to maintain the integrity of this investigation, and in furtherance of my obligations under Penal Law 215.70 to maintain the secrecy of Grand Jury proceedings, I will make no comment now, or during the period of time that the Grand Jury is convened, regarding the days that the Grand Jury will be sitting; who may be called as a witness before the Grand Jury; what any witness has or will testify about before the Grand Jury; when the Grand Jury will conclude its investigation; what criminal charges will be considered by the Grand Jury, or against whom the Grand Jury might consider any such criminal charges."