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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 Gilroy Garlic Festival shooter, Santino William Legan, died from a self-inflicted gunshot wound to the head, Gilroy Police Chief Scot Smithee said Friday during a press conference.Legan's death was ruled a suicide, Smithee said, citing Nicole Lopez of the Santa Clara County Coroner's Office.When the shooting first began, Legan exchanged fire with three Gilroy police officers, Smithee said."I do know that the suspect was hit multiple times by the rounds the officers fired, which put him down," he said. "It appears now, with that ruling on the cause and manner of death, that once he was down, he was able to get a round off and he shot himself. It sounds like that round was to the head."The shooting Sunday left three dead and 16 injured. 760

The average U.S. price of regular-grade gasoline remained steady at .53 per gallon over the past two weeks. Industry analyst Trilby Lundberg of the Lundberg Survey said Sunday that the price at the pump averages 9 cents higher than it was a year ago. The highest average price in the nation for regular-grade gas is .54 per gallon in San Diego. The lowest average is .06 in Jackson, Mississippi. The average price of diesel is .98, down three cents. 469
The massive storm system that killed several people from Texas to Mississippi is now barreling east, threatening to spawn tornadoes and other catastrophic weather from New England to the Gulf Coast.About 90 million people are under the gun for destructive weather Sunday, CNN meteorologist Haley Brink said.While Sunday's storms might not be as severe as the ones that battered the South on Saturday, they will hit far more people in heavily populated cities."New York, Washington DC and Atlanta all within the zone," CNN Meteorologist Derek Van Dam said.At least one tornado was reported Sunday morning in southeast Alabama, near Troy and Goshen, the National Weather Service's Birmingham office said."Heavy rainfall may hide this tornado. Do not wait to see or hear the tornado. Take cover now," the NWS office said."Flying debris will be dangerous to those caught without shelter. Mobile homes will be damaged or destroyed. Damage to roofs, windows, and vehicles will occur. Tree damage is likely."Not just tornadoesBut tornadoes aren't the only possible cause of destruction Sunday."Damaging winds and some hail are also associated with these storms pushing through the Southeast this morning," Brink said.The threat of severe weather will likely increase throughout the day, the National Weather Service's Storm Prediction Center said."Some storms may also produce large hail or torrential downpours resulting in localized flash flooding," the weather service tweeted.At least 3 children killed in this storm systemThe storm system's first two victims were two children in east Texas.The children, ages 3 and 8, were killed when a tree fell on a car. They were in the back seat with their parents in the front, Angelina County Sheriff's Department Capt. Alton Lenderman said.A preliminary damage survey showed an EF-3 tornado, with winds up to 140 mph, touched down in Robertson County, the 1907
The holiday season is in full swing, which means everyone is flocking to stores to buy gifts for family and friends. But a safety group is warning consumers about 10 toys that could potentially be hazards for little ones.The safety organization World Against Toys Causing harm, Inc., or W.A.T.C.H., released its 324
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