The Latest: De Blasio says officer entitled to due process

NEW YORK (AP) — The Latest on the U.S. Justice Department’s decision not to prosecute the officer involved in Eric Garner’s death. (all times local):

10:20 a.m.

New York City Mayor Bill de Blasio says the officer who placed a chokehold on Eric Garner exactly five years ago is entitled to due process under state law.

De Blasio said Wednesday the decision whether to fire Officer Daniel Pantaleo (pan-tuh-LAY’-oh) is up to Police Commissioner James O’Neill.

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Garner died July 17, 2014 after Pantaleo placed him in a chokehold. Pantaleo’s lawyer says the officer arrested Garner using techniques approved by the Police Department.

De Blasio spoke on radio station Hot 97 the day after federal prosecutors announced they would not bring civil rights charges in the case.

Garner’s family members and others have demanded that de Blasio fire Pantaleo. But the Democratic mayor and presidential candidate said O’Neill will decide Pantaleo’s fate by Aug. 31 after the departmental disciplinary process has concluded.

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9 a.m.

Eric Garner’s mother is urging the New York City police commissioner to fire the officer involved in her son’s chokehold death.

Gwen Carr spoke to CBS on Wednesday, the five-year anniversary of her loss.

On Tuesday, federal prosecutors announced they would not bring civil rights charges in the case.

Carr said she would receive some closure if Officer Daniel Pantaleo (pan-tuh-LAY’-oh) were fired.

Pantaleo’s lawyer, Stuart London, says the officer used techniques approved by the New York Police Department while arresting Garner, who died after uttering “I can’t breathe.”

A spokeswoman for Democratic Mayor Bill de Blasio says the police commissioner is expected to decide Pantaleo’s fate by Aug. 31, after receiving a report from an administrative judge.

Potential punishment ranges from loss of vacation days to termination.

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