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The cousin of a man shot and killed by an off-duty police officer in a California Costco says his relative was nonverbal and couldn't have started the argument that allegedly led to the shooting, according to a 223

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 Contra Costa County Sheriff's Office has issued a shelter in place notification because of the release of hazardous materials from a refinery fire in Northern California.Firefighters were responding to two petroleum tanks on fire at a NuStar Energy facility in Crockett, located south of Vallejo, the California Department of Forestry and Fire Protection, or CAL FIRE, said Tuesday on Twitter. Five acres of surrounding vegetation were also on fire.CNN has reached out to the Contra Costa County Fire Department and NuStar Energy. 546

The European Union is suspending Boeing 737 MAX flights in Europe, joining a list of governments temporarily grounding the aircraft following Sunday's fatal plane crash in Ethiopia.The EU's suspension, covering 737 MAX 8 and 737 MAX 9 planes, was set to begin at 7 p.m. UTC (3 p.m. ET) Tuesday.The move came as a raft of nations -- including many individual European countries -- introduced temporary suspensions Tuesday for 737 MAX aircraft after a MAX 8 flight from Addis Ababa, Ethiopia, to Nairobi, Kenya, crashed Sunday into a field six minutes after takeoff, killing all 157 people on board. The flight reported technical problems and asked for permission to turn back before it crashed, and investigations are underway into the cause.It's the second time in less than six months that this model has crashed soon after takeoff. A new Lion Air Boeing 737 MAX 8 flight went down in October over the Java Sea off Indonesia, killing 189 people.Before the EU's announcement, other nations and aviation authorities announced their own bans Tuesday, including Australia, Austria, Belgium, France, Germany, Iceland, Ireland, Italy, Malaysia, the Netherlands, Oman, Singapore, Turkey and the UK.The UK, Oman, Singapore, Australia, Ireland and France and Norwegian Airlines suspended the whole Boeing 737 MAX range.China, Indonesia, Malaysia, Iceland, Germany and the airlines LOT Polish, TUI Airways, GOL Linhas Aereas, Aeromexico, Aerolíneas Argentinas, Cayman Airways, Comair Airways, Eastar Jet, Jet Airways, Mongolian Airlines, China Airlines, China Eastern, China Southern, Lion Air and Silkair have suspended the MAX 8 model. Turkey suspended MAX 8 and 9 models.These airlines are still flying 737 MAX planes: American and Southwest airlines, Fiji Airways, Icelandair, Flydubai, Spicejet and WestJet.China's aviation administration became the first to order a suspension Monday evening, grounding all domestic Boeing 737 MAX 8 jets due to its principle of "zero tolerance for safety hazards."China has one of the world's largest fleets of Boeing 737 MAX 8, operating 97 of the planes, according to Chinese state-run media.While some international airlines and governments grounded the 737 MAX 8 planes, 2218