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The Justice Department is not bringing federal charges against a New York Police Department officer accused of fatally choking Eric Garner, the New York man whose last words, "I can't breathe," became a rallying cry in the Black Lives Matter movement.Federal authorities had a deadline of Wednesday -- five years since Garner's death -- to decide whether to bring charges against NYPD Officer Daniel Pantaleo. The officer appeared, in a cell phone video, to have Garner in a chokehold shortly before he died. Pantaleo denies that he used a chokehold.The city medical examiner's office ruled the death a homicide in the days after his death, and the medical examiner testified that Pantaleo's alleged chokehold caused an asthma attack and was "part of the lethal cascade of events."Still, US Attorney Richard P. Donoghue said there was insufficient evidence to prove beyond a reasonable doubt that Pantaleo acted "willfully" in violation of the federal criminal civil rights act."There is nothing in the video to suggest that Officer Pantaleo intended or attempted to place Mr. Garner in a chokehold," Donoghue said.Attorney General William Barr made the decision not to bring charges against Pantaleo, siding with a Justice Department team from New York over the Civil Rights Division in Washington, due to concerns that prosecutors could not successfully prove the officer acted willfully, a senior Justice Department official said."While willfulness may be inferred from blatantly wrongful conduct, such as a gratuitous kick to the head, an officer's mistake, fear, misperception, or even poor judgment does not constitute willful conduct under federal criminal civil rights law," Donoghue said.Members of Garner's family, the Rev. Al Sharpton and several others met with federal prosecutors on Tuesday to learn of the decision."They came in that room and they gave condolences," said Emerald Garner, his daughter. "I don't want no condolences. I want my father and my sister."Garner's mother, Gwen Carr, said the Department of Justice had failed them."Five years ago, my son said 'I can't breathe' 11 times, and today we can't breathe, because they let us down," she said.Garner's death, three weeks before the death of Michael Brown in Ferguson, started the resurgence of police accountability and brought the Black Lives Matter movement to the forefront, Sharpton said."Five years ago, Eric Garner was choked to death. Today, the federal government choked Lady Justice," Sharpton said.The decision means that Pantaleo will not face any criminal charges related to Garner's death, though he does still face departmental charges. Federal investigators have been examining the circumstances of Garner's death since 2014, after a grand jury in New York declined to indict the Staten Island officer. The city of New York settled with Garner's estate for .9 million in 2015.Rallying cry sparks a movementThe "I can't breathe" phrase reflected the suffocating frustration with what activists said was a lack of police accountability after police killings of unarmed African Americans. The phrase was widely heard and seen at 3137

The House Judiciary Committee on Friday is moving to obtain the secret grand jury material from special counsel Robert Mueller's report in federal court, adding a new front to the Democrats' expansive legal battles with the Trump administration as they weigh whether to pursue an impeachment inquiry.The committee also plans to soon file a lawsuit to enforce its subpoena of former White House counsel Don McGahn, 426

The 5-year-old boy who was tossed off a third-floor balcony at the Mall of America in Minnesota in April is now back at home.An update on the family-run GoFundMe account says the boy -- who fell from nearly 40 feet -- completed his inpatient rehabilitation and will now enter "the next phase of recovery.""(This) includes continued outpatient rehabilitation for multiple injuries and adjusting to life back at home and school," the update read.The boy, who has not been publicly identified, was outside a café with his mother when 24-year-old Emmanuel Aranda came close to them, picked up the child and threw him over the railing.Aranda told police he had come to the mall a day earlier intending to kill an adult, but that did not "work out," according to the criminal complaint. He returned a day later and chose the child.Aranda pleaded guilty in May to attempted premediated first-degree murder and was sentenced to 19 years in prison.The young boy was in critical condition after the April 12 incident and spent months in intensive care before moving to rehab."Thank you to all who prayed for us and loved us during the past 4 1/2 months," his family wrote this week. "You helped to give us hope and show us the Glory of God's great love here on earth even during the darkest of days." 1302

The amount of volunteer Search and Rescue teams who’ve reported to the command center is remarkable. Plans are being made for overnight and first thing in the morning. Keep Gabriella and her family in your thoughts as the search continues. 254

The CDC released updated figures on Friday of measles cases in the United States so far in 2019, indicating this year marks the highest level of measles cases in the U.S. since 1992. Despite the rise of measles in recent years, the CDC still considers measles eliminated in the U.S. The CDC says that measles elimination means the absence of continuous disease transmission for 12 months or more in a specific geographic area. The CDC said that the majority of cases involved large and close-knit Orthodox Jewish communities in New York, which accounted for 75 percent of cases during 2019. These cases threatened the elimination status of measles in the United States.During January 1–October 1, 2019, a total of 1,249 measles cases, according to CDC. Of the 1,249 cases, 89 percent were unvaccinated or had an unknown vaccination status."Undervaccinated, close-knit communities are not unique to the United States and exist around the world," the CDC said in a release. "These communities are at high risk for outbreaks of vaccine-preventable diseases, which threaten the health and safety of vulnerable persons within, as well as outside of, these communities. "Therefore, public health authorities need to identify pockets of undervaccinated persons to prevent these outbreaks, which require substantial resources to control. A preventive strategy to build vaccine confidence is important, especially one that uses culturally appropriate communication strategies to offset misinformation and disseminate accurate information about the safety and importance of vaccination in advance of outbreaks." 1614