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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 FDA said on Tuesday it has developed guidelines to take plasma from coronavirus survivors to treat patients who are critically ill from the virus. The FDA said on Tuesday that It is possible that convalescent plasma contains antibodies to the coronavirus and might be effective against the infection. The FDA said that although the announcement is promising, convalescent plasma has not been shown to be effective in every disease studied. The FDA is not approving using plasma as a treatment, instead using it as a clinical trial and for the treatment of those who are critically ill. "Given the public health emergency that the expanding COVID-19 outbreak presents, while clinical trials are being conducted, FDA is facilitating access to COVID-19 convalescent plasma for use in patients with serious or immediately life-threatening COVID-19 infections," the FDA said. The plasma will be collected from recovered individuals only if they are eligible to donate blood. The FDA said on Sunday that it was altering its guidelines on Risk Evaluation and Mitigation Strategy (REMS)-required testing, which allows healthcare providers to weigh the benefits of an experimental drug over its risks.“The FDA recognizes that during the COVID-19 public health emergency, the completion of some REMS-required laboratory testing or imaging studies may be difficult because patients suspected of having COVID-19 may be self-isolating and/or subject to quarantine,” said FDA Principal Deputy Commissioner Amy Abernethy, M.D., Ph.D. “Under these circumstances, undergoing testing or imaging studies in order to obtain a drug that is subject to a REMS can put patients and others at risk for transmission of the coronavirus. We will continue to work with sponsors to ensure that patients have appropriate access to the medications they need.” 1843

The number of cases of COVID-19 in Italy has surged higher again.Some 3,590 more cases of the coronavirus were reported in a 24-hour period, nearly 100 more than the increase as the day before. The additional infections reported Sunday represent the country's biggest day-to-day increase.Italy’s Civil Protection chief Angelo Borrelli announced the latest number of cases, bringing the total number of people with the new coronavirus to 24,747. The number of deaths increased by 368 to 1,809.According to the World Health Organization, the vast majority of people who get COVID-19 recover within weeks.Italy's national health institute chief Silvio Brusaferro said it is not known if Italy is reaching its peak and might start seeing the number of new cases decline. 778

The man behind the viral "Storm Area 51" event says he doesn't want anyone to get hurt and hopes his fellow alien enthusiasts visit the area in peace this September.Matty Roberts created the event after watching a Joe Rogan podcast which spotlighted Area 51 whistleblower Bob Lazar.RELATED: 303

The family of the suspect from Sunday's mass shooting in Dayton, Ohio issued a statement on Tuesday, thanking police and first responders while also asking for privacy.It was the first statement released by the family of Connor Betts, who allegedly killed nine people — including his sister — outside an entertainment district.A police officer from the Bellbrook Police Department delivered the statement on Tuesday evening.Read the family's partial statement below: 478

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