Eric Garner's last words, "I can't breathe," became a rallying call behind the murder of another unarmed Black man by police. Daniel Pantaleo used a chokehold to take Garner down, after he was approached for selling untaxed cigarettes on a Staten Island street corner. According to The New York Times Federal civil rights prosecutors have recommended charges against Pantaleo, but top Justice Department officials do not believe that the case can be won in court. 

Deputy attorney general Rod J. Rosenstein has been contacted by prosecutors in an attempt to get Pantaleo indicted. Although Rosenstein has met with the Justice Department about the matter several times, no decision has been made in the case. According to the Times' sources, Rosenstein is expected to approve the indictment, although the Justice Department is hesitant to proceed. Attorney General Jeff Sessions has also been approached about the case, and has stated,  “Just as I am committed to defending law enforcement who use deadly force while lawfully engaged in their work, I will also hold any officer responsible breaking the law," according to the Justice Department's website

Although Garner deserves justice, no one will be surprised if this case does not make it to court.