Garner chokehold death to grand jury - Fox 2 News Headlines

Garner chokehold death to grand jury

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In this undated family file photo provided by the National Action Network, Saturday, July 19, 2014, Eric Garner is shown. (AP Photo/Family photo via National Action Network, File) In this undated family file photo provided by the National Action Network, Saturday, July 19, 2014, Eric Garner is shown. (AP Photo/Family photo via National Action Network, File)
MYFOXNY.COM/AP -

A New York prosecutor says he's asking a grand jury to consider charges in the death of a man placed in an apparent chokehold by a police officer.

Staten Island District Attorney Daniel Donovan announced Tuesday that an extra grand jury will be impaneled to hear evidence next month in the July 17 death of Eric Garner.

"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," Donovan said in a statement.

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

Donovan said his decision is based on his office's investigation and the medical examiner's ruling the death was homicide.

The office of Mayor Bill de Blasio issued a short statement from the mayor.

"New York City deserves an investigation into the Garner case that is fair and complete," de Blasio said in the statement. "We are pleased that with today's announcement, the legal process is now underway."

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

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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