Ashley Southall, Ali Watkins and William K. Rashbaum

O’Neill, 62, who rose from the ranks over three decades to become commissioner, kept crime rates low, securing the gains of his predecessors even as he shifted policing tactics away from aggressive enforcement of low-level offenses. He presided over an era in which murder rates dipped to lows not seen since the 1950s.

He also set out to heal strained relations between the Police Department and black and Hispanic communities when he was appointed by Mayor Bill de Blasio in 2016. His signature intervention, the department’s neighborhood policing program, was designed to build trust and respect between officers and civilians.

Still, his tenure was marked by some controversies. O’Neill is most likely to be remembered for firing a police officer who placed Eric Garner in a lethal chokehold five years earlier.

That decision in August drew praise from Garner’s family and their supporters, who said it was long overdue. But it angered the police unions, who said O’Neill had lost the confidence of rank-and-file officers. Arrest rates dropped in the weeks that followed.

O’Neill also took public stands aimed at redressing past controversies, apologizing to the LGBTQ community for the department’s handling of the Stonewall uprising in 1969 and issuing a public apology to a woman who was maligned by police officials after she had been raped in Prospect Park.

He was expected to announce his reasons for leaving at a news conference Monday afternoon, but there has been no public sign that his relationship with the mayor was strained and he appeared to be leaving of his own volition.

The commissioner will be replaced by Dermot F. Shea, the current chief of detectives, who in his prior role oversaw the use of data-driven analysis to craft policing strategies, the mayor said in a statement. Shea will take office on Dec. 1.

“Dermot was one of the chief architects of the approach that has made New York City the safest big city in America,” de Blasio said. “Dermot is uniquely qualified to serve as our next police commissioner and drive down crime rates even further.”

The resignation focused renewed attention on the often fraught relationship the mayor has had with many rank-and-file officers.

De Blasio came to office promising police reform. But after the assassination of two officers in 2014 and protests of the mayor by fellow officers at their funerals, the mayor largely delegated policing policy to his commissioners, first William J. Bratton and then O’Neill, who had been the top uniformed officer on Bratton’s management team.

With the choice of Shea — another of Bratton’s top managers — the mayor appears to have decided once again that continuity is the best political choice, one that would open himself up to less criticism should New York City’s long trajectory of declining crime begin to reverse.

O’Neill’s neighborhood policing program made building relationships with people a key part of how officers fought crime, shifting the emphasis away from aggressive enforcement of low-level offenses, which had been the department’s longtime tactic for bringing down overall crime.

The Police Department billed it as the biggest strategy shift in more than 20 years and said its goal was to minimize the collateral damage to communities and officers while continuing to drive down serious crime.

Public officials and community leaders in black and Latino neighborhoods, which had been harmed by decades of aggressive enforcement practices, said the program helped chip away at tensions. But the program’s effectiveness has been limited by a perception that some officers who have done wrong go unpunished, a problem that Officer Daniel Pantaleo came to symbolize.

Arrests have been gradually declining throughout O’Neill’s tenure, during which the city has also continued to record crime declines. Still, he struggled to overcome public fears of rising crime, stirred in part by warnings from his predecessor and the police unions about the city regressing to worse times.

Those fears have been exacerbated by the alarming rise of hate crimes and mass killings nationwide. A little over a month after O’Neill was appointed in 2016, a man inspired by the Islamic State group used a pickup truck to kill 11 people in the deadliest terror attack in New York City since Sept. 11, 2001. And the city has recorded rising hate crime reports since the 2016 election season.

At times, O’Neill has voiced frustration over what he saw as the lack of attention to how much safer the city has become. Along with the mayor, he has sought to emphasize that the Police Department has continued a trend of declining crime rates even after it adopted a lighter touch.

O’Neill also oversaw the rollout of the largest police-body camera program in the world, though the transparency it was supposed to bring was short-circuited in legal battles that stopped him from releasing footage from controversial encounters.

He made good will gestures toward groups that had been alienated by police, including the apology to the Prospect Park rape survivor and to the LGBTQ community for the Stonewall Riots. And he showed a willingness to enlist outside help in developing policies and addressing problems.

Last year, the Police Department held a two-day conference to discuss racial inequalities in policing and other city services. He also opened the department’s opaque discipline process to outside review, met with rape-victims advocates and solicited public feedback that helped shape the department’s body-camera policy.

Officials, lawyers and activists who have been critical of the department said they appreciated O’Neill’s overtures, even if they did not think he had gone far enough to fix problems in the department.

“There’s a feeling that O’Neill is someone we can work with,” said Donovan Richards, chairman of the City Council’s public safety committee. “Whether reforms happen in a perfect manner or not, he’s at least kept the door ajar for everybody to talk to him.”

This article originally appeared in

NYPD Commissioner O'Neill Resigns; Dermot Shea to Take Over

NEW YORK — James P. O’Neill, the New York City police commissioner who tried to mend a racial divide between the Police Department and the public, stepped down from his position on Monday, ending a three-year tenure as head of the country’s largest police force, two officials said.

The finding sets in motion the final stage of a long legal and political battle over the fate of the officer, Daniel Pantaleo, who has become for many critics of the New York Police Department an emblem of what they see as overly aggressive policing in black and Hispanic neighborhoods.

How to handle Pantaleo has been a political minefield for both Police Commissioner James P. O’Neill — who now must decide whether to fire him and incur the wrath of police unions — and Mayor Bill de Blasio, who for years has expressed solidarity with the Garner family while avoiding saying whether Pantaleo should remain on the force.

For the police, Garner’s death was a watershed moment, forcing a reckoning over how the department engaged with its residents. Across the country, his last words — “I can’t breathe” — became a battle cry for the Black Lives Matter movement, and led to sweeping changes in use-of-force policies.

But Pantaleo’s continued employment has shadowed de Blasio, dogging him as he embarked on a run for president as a progressive Democrat. The mayor, who ran on a platform of police reform, has worked to reduce incarceration, cutting the number of arrests for minor crimes, but also labored to avoid alienating rank-and-file officers.

His unwillingness to call for Pantaleo’s dismissal came up at the Democratic primary debate Wednesday night when he was criticized by his fellow New Yorker, Sen. Kirsten Gillibrand, and by protesters shouting “Fire Pantaleo.”

On Friday, de Blasio said the Garner family had waited too long for action and had been failed by federal and state law enforcement prosecutors. But he again declined to say whether he believed Pantaleo should be fired.

“Today, we finally saw a step toward justice and accountability,” de Blasio said. “We saw a process that was actually fair and impartial, and I hope this will now bring the Garner family a sense of closure and the beginning of some peace.”

Under the City Charter and court rulings, O’Neill has the final say over whether Pantaleo will be dismissed and lose his pension. Prosecutors and the defense typically have up to two weeks to respond to the findings of the judge, Rosemarie Maldonado, a deputy police commissioner who oversees disciplinary hearings.

O’Neill could decide to uphold, modify or reverse her findings, which were confirmed by two people familiar with the decision. The officer could also resign ahead of a decision.

In recent weeks, O’Neill has found himself caught between elected officials and community leaders who have been calling for the officer to be fired and leaders of police unions who have cast Pantaleo as a scapegoat.

The Garner family called on O’Neill to dismiss the officer immediately.

“This has been a long battle,” Garner’s daughter, Emerald Snipes Garner, said at a news conference in Manhattan with the Rev. Al Sharpton. “And finally, somebody has said that there’s some information that this cop has done something wrong.”

But the president of the Police Benevolent Association, Patrick J. Lynch, warned that the commissioner and the mayor would lose the support of officers if the decision was made to terminate Pantaleo.

“This decision is pure insanity,” he said in a statement. “If it is allowed to stand it will paralyze the NYPD for years to come.”

A Police Department spokesman said O’Neill had yet to receive a copy of the judge’s report and would not make a decision until later this month, after lawyers for both sides have a chance to comment on the conclusions. O’Neill did suspend Pantaleo on Friday.

“All of New York City understandably seeks closure to this difficult chapter in our city’s history,” the spokesman, Phillip Walzak, said. “Premature statements or judgments before the process is complete however cannot and will not be made.”

The judge’s recommendation comes two weeks after Attorney General William Barr announced that the Justice Department would not seek a federal indictment against the officer on civil rights charges, ending five years of internal debate among federal prosecutors.

Though de Blasio is not allowed to directly fire a police officer, he can influence the decision because the police commissioner serves at his pleasure. De Blasio has said he cannot publicly express an opinion on Pantaleo’s status because it could be seen as an attempt to influence the department’s decision, exposing the city to a lawsuit.

Lynch, the union president, said the mayor had already exerted that influence with his remarks on the presidential debate stage.

“We have a mayor who predetermined the outcome,” he said. “He said the family will get justice. Of course that family’s justice is finding a police officer guilty and firing them.”

Pantaleo was captured on video using a chokehold on Garner in 2014 as he and other officers subdued him. Garner was believed to be illegally selling loose cigarettes. A city medical examiner determined the chokehold set in motion a “lethal cascade” of events, including an asthma attack and a fatal heart attack.

Pantaleo’s lawyer, Stuart London, said the judge had ignored the evidence and bowed to outside political pressure. He said Pantaleo was disappointed but would continue to fight to keep his job.

“This case was won in that courtroom,” London said. He added that, “Politics trumped, unfortunately, the rule of law.”

In the 47-page decision, dated Friday, Maldonado found that Pantaleo had used excessive force and was reckless when he applied a chokehold, one person familiar with the decision said. Maldonado also determined that the officer was aware of the risk of using a chokehold and knew he was not supposed to use it, the person said.

Still, the judge cleared Pantaleo of one charge against him: She found that he had not intentionally restricted Garner’s breathing.

Fred Davie, chairman of the Civilian Complaint Review Board, an independent agency which acted as prosecutors at the disciplinary hearing, said the judge had vindicated the board’s long-held position that Pantaleo had caused Garner’s death. “Commissioner O’Neill must uphold this verdict and dismiss Pantaleo from the department,” Davie said in a statement.

The chokehold was captured in bystanders’ videos of Garner’s July 17, 2014, arrest published by The New York Daily News.

One shows Pantaleo’s arms gripping Garner’s upper body and quickly sliding up to his neck as the two stumbled to the ground. Garner repeated “I can’t breathe” 11 times as officers pressed him onto the sidewalk.

Both a grand jury on Staten Island and the Department of Justice declined to bring criminal charges against Pantaleo. Federal prosecutors determined that Pantaleo had used a chokehold, but they could not agree on whether they could prove it was intentional.

On Friday, Gillibrand called for the Justice Department’s Inspector General to examine that decision.

“We need answers about the government’s failure to seek justice in this disturbing case,” she said in a statement.

In the last two weeks, Garner’s relatives, backed by many of the city’s elected officials, have threatened to shut down the city if the de Blasio administration did not fire Pantaleo.

On Friday, Garner’s family and their supporters said even Pantaleo’s dismissal would not satisfy them, and they remain convinced Pantaleo should have faced criminal charges in state or federal court.

“Make no mistake about it, this is not justice for the Garner family,” Sharpton said.

Garner’s mother, Gwenn Carr, also called on the commissioner to fire other officers involved in the arrest, including Pantaleo’s partner, Justin Damico, and Lt. Christopher Bannon, who supervised the two officers and said in text messages that Garner’s death was “not a big deal.”

Police union lawyers argued at the disciplinary hearing that Pantaleo had used an authorized takedown tactic to subdue Garner, who they said was resisting a lawful arrest.

Prosecutors from the Civilian Complaint Review Board, a city agency that investigates police misconduct accusations, presented evidence that Pantaleo performed a takedown technique that he had not been trained to use. When it went wrong, instead of letting go, he clasped his hands to secure his grip around Garner’s neck, they said.

The prosecutors, Suzanne O’Hare and Jonathan Fogel, said that Garner was trying to talk the officers out of arresting him, just as he had done two weeks earlier with Damico.

Davie said the evidence prosecutors had brought forward at the departmental trial “was more than sufficient to prove Pantaleo unfit to serve.”

This article originally appeared in <a href="https://www.nytimes.com/2019/08/02/nyregion/pantaleo-garner.html" id="a46fd279-cb11-347c-a66d-d58c6044901b">The New York Times</a>.

Officer in Garner's Death Should Be Fired, NYPD Judge Says

NEW YORK — Five years after Eric Garner’s death in police custody ignited a national outcry, a police administrative judge recommended Friday that the officer who placed him in a chokehold during the botched arrest should be fired.

How to handle Pantaleo’s fate has been a political minefield for both Police Commissioner James P. O’Neill — who now must decide whether to fire him and incur the wrath of police unions — and Mayor Bill de Blasio, who for years has expressed solidarity with the Garner family while avoiding saying whether Pantaleo should remain on the force.

But Pantaleo’s continued employment has shadowed de Blasio, dogging him as he embarked on a run for president as a progressive Democrat.

His unwillingness to call for Pantaleo’s dismissal came up at the Democrat’s national debate Wednesday night when he was criticized by his fellow New Yorker, Sen. Kirsten Gillibrand, and by protesters shouting “Fire Pantaleo.”

NYPD Officer in Eric Garner's Death Should Be Fired, Judge Says

Pantaleo’s fate has been a political minefield for both Police Commissioner James P. O’Neill — who now must decide whether to fire him and incur the wrath of police unions — and Mayor Bill de Blasio, who for years has expressed solidarity with the Garner family while avoiding saying whether Pantaleo should remain on the force.

Garner’s death helped spur a wave of protests nationwide against police brutality that led to changes in policy in many cities, and his last words — “I can’t breathe” — became a battle cry for the Black Lives Matter movement.

For years, Pantaleo’s unresolved status has loomed over de Blasio’s administration, and has continued to dog him as he embarks on a run for president as a progressive Democrat.

He was heckled at a national debate Wednesday night by protesters shouting “Fire Pantaleo,” and vowed that Garner’s family would soon receive justice.

On Friday, de Blasio said the Garner family had waited too long for justice from federal and state law enforcement authorities and said the departmental trial and the judge’s decision would bring them “a sense of closure and peace.” But he again declined to say whether he believed Pantaleo should be fired.

But the president of the Police Benevolent Association, Patrick J. Lynch, warned that the commissioner and the mayor would “lose the department” if the decision was made to terminate Pantaleo, whom Lynch has cast as a scapegoat.

NEW YORK — Five years after Eric Garner died in police custody and ignited a national outcry, a police administrative judge recommended Friday that the officer who placed him in a chokehold during the botched arrest should be fired, according to two people with knowledge of the decision.

“Today, for the first time in these long five years, the system of justice is working,” de Blasio said. He continued, “I want to remind everyone, this is an ongoing legal matter, so there’s very little I can add.”

Whether Pantaleo will be dismissed and lose his pension is up to O’Neill, who under state law and a labor contract has the final say over the disciplining of officers. Prosecutors and the defense typically have up to two weeks to respond to the findings of the judge, Rosemarie Maldonado, a deputy police commissioner who oversees disciplinary hearings.

O’Neill could decide to uphold, modify or reverse her findings. The officer could also resign before a decision.

Pantaleo’s lawyer, Stuart London, said the judge had bowed to outside political pressure in her decision and had ignored the evidence. He said Pantaleo wanted to continue fighting for his job.

”This case was won in that courtroom,” London said. He added that, “Politics trumped, unfortunately, the rule of law.”

The 47-page decision, dated Friday, found Pantaleo had used excessive force and was reckless when he applied a chokehold, one person familiar with the decision said. Maldonado also determined that the officer was aware of the risk of using a chokehold and knew he was not supposed to use it, the person said.

Fred Davie, chairman of the Civilian Complaint Review Board, an independent agency that acted as prosecutors at a disciplinary hearing, said the judge had vindicated the board’s long-held position that Pantaleo had caused Garner’s death. “Commissioner O’Neill must uphold this verdict and dismiss Pantaleo from the department,” Davie said in a statement.

One shows Pantaleo’s arms gripping Garner’s upper body and quickly slipping up to his neck as the two stumbled to the ground. Garner repeated “I can’t breathe” 11 times as officers pressed him onto the sidewalk.

Both a grand jury on Staten Island and the Department of Justice had previously declined to bring criminal charges against Pantaleo in connection with Garner’s death. Federal prosecutors determined that Pantaleo had used a chokehold, but they could not agree on whether they could prove it was intentional.

On Friday, Sen. Kirsten Gillibrand, D-N.Y., who is running for president, called for the Justice Department’s Inspector General to examine that decision.

Garner’s family and their supporters said Friday they remain convinced Pantaleo should have faced criminal charges in state or federal court, and even his dismissal would not satisfy them.

Garner’s mother, Gwenn Carr, said Friday all the officers involved in the arrest should also be held accountable for her son’s death. She called on the commissioner to fire Pantaleo’s partner, Justin Damico, and Lt. Christopher Bannon, who supervised the two officers and said in text messages that Garner’s death was “not a big deal.”

In the last two weeks, Garner’s relatives, backed by many of the city’s elected officials, have threatened major protests if the de Blasio administration does not fire Pantaleo. But the mayor has not pushed the police commissioner to do so, saying that state law and city rules prevent him from firing the officer or overriding a commissioner’s decision.

Though de Blasio is not allowed to directly fire a police officer, he can influence the decision because the police commissioner serves at his pleasure. De Blasio has said he cannot publicly voice an opinion on Pantaleo’s status because it could be seen as an attempt to influence the department’s decision, exposing the city to a lawsuit.

Lynch, the union president, said the mayor had exerted that influence with his remarks on the debate stage.

The videos of the chokehold were key pieces of evidence at Pantaleo’s disciplinary trial. Police union lawyers argued that he had used an authorized takedown tactic to subdue Garner, who they said was resisting a lawful arrest. Supervisors had ordered Pantaleo and Damico to arrest Garner for selling loose, untaxed cigarettes, which is illegal in New York.

The pair were among at least 12 officers who failed to render aid to Garner as he was being held on the ground or later omitted the use of force from official reports, Garner’s family has said.

Davie said the evidence prosecutors presented at the departmental trial, which took place at Police Headquarters in lower Manhattan, “was more than sufficient to prove Pantaleo unfit to serve.”

The judge’s decision sets in motion the final stage of a long legal and political battle over the fate of the officer, Daniel Pantaleo, who has become for many critics of the department an emblem of what they see as overly aggressive policing in black and Hispanic neighborhoods.

Garner’s death helped spur a wave of protests against police brutality that led to changes in policy in many cities, and his last words — “I can’t breathe” — became a battle cry for the Black Lives Matter movement.

New York City Police Commissioner James P. O’Neill must now make a final decision on whether to allow Pantaleo to remain on the force and finds himself caught between elected leaders who have been calling for the officer to be fired and leaders of police unions, who have cast the officer as a scapegoat.

“This has been a long battle; five years too long,” Garner’s daughter, Emerald Snipes Garner, said at a news conference in Manhattan with the Rev. Al Sharpton. “And finally, somebody has said that there’s some information that this cop has done something wrong.”

“All of New York City understandably seeks closure to this difficult chapter in our city’s history,” the spokesman, Phillip Walzak, said. “Premature statements or judgments before the process is complete, however, cannot and will not be made.”

Mayor Bill de Blasio, a Democrat running for president, has resisted pushing for the officer’s dismissal for years, saying he was respecting due process. He was heckled at a national debate Wednesday night by protesters shouting “Fire Pantaleo” and vowed that Garner’s family would soon receive justice.

But Friday, de Blasio declined to say whether he believed Pantaleo should be fired. The mayor’s office said that legally, de Blasio could not express an opinion on Pantaleo’s status.

He was interrupted later by two protesters who burst into the room chanting, “Fire Pantaleo.”

Whether Pantaleo will be dismissed and lose his pension is up to O’Neill, who has the final say over the disciplining of officers. Prosecutors and the defense typically have up to two weeks to respond to the findings of the judge, Rosemarie Maldonado, a deputy police commissioner who oversees disciplinary hearings.

O’Neill could decide to uphold, modify or reverse her findings. The officer could also resign before a decision. Pantaleo’s lawyer, Stuart London, could not be reached for comment Friday.

On Friday, the city’s largest police union called the verdict “pure political insanity” and said O’Neill should reject the judge’s recommendation to fire Pantaleo.

“The only hope for justice now lies with Police Commissioner O’Neill,” said Patrick J. Lynch, president of the Police Benevolent Association. “He knows that if he affirms this horrendous decision, he will lose his police department.”

Fred Davie, chairman of the Civilian Complaint Review Board, an independent agency which acted as prosecutors at the disciplinary hearing, said the judge had vindicated the board’s long-held position that Pantaleo had caused Garner’s death.

“Commissioner O’Neill must uphold this verdict and dismiss Pantaleo from the department,” Davie said in a statement.

The recommendation came after both a grand jury on Staten Island and the Department of Justice had previously declined to bring criminal charges against Pantaleo in connection with Garner’s death.

The decision by Barr to not bring federal civil rights charges against Pantaleo, which came on the day before the fifth anniversary of Garner’s death in July, angered the slain man’s family and turned up the pressure on de Blasio and his police commissioner to dismiss Pantaleo.

Although federal prosecutors determined that Pantaleo had used a chokehold, they could not agree whether they could prove it was intentional and win the case.

On Friday, Sen. Kirsten Gillibrand, D-N.Y., who is running for president, called for the Justice Department’s Inspector General to examine why federal prosecutors declined the case. “We need answers about the government’s failure to seek justice in this disturbing case,” she said in a statement.

The decision not to bring a criminal case against Pantaleo in Garner’s death remained a point of contention for his family and their supporters Friday, who remain convinced Pantaleo should have faced criminal charges in state or federal court.

In the past two weeks, Garner’s relatives, backed by many of the city’s elected officials, have threatened to shut down the city if de Blasio does not fire Pantaleo. The mayor has not pushed the police commissioner to do so, saying that state law and city rules prevent him from firing the officer or overriding a commissioner’s decision.

The videos of the chokehold were key pieces of evidence at Pantaleo’s disciplinary trial. Police union lawyers argued that he had used an authorized takedown tactic to subdue Garner, who they said was resisting a lawful arrest. Supervisors had ordered Pantaleo and his partner, Justin Damico, to arrest Garner for selling loose, untaxed cigarettes, which is illegal in New York.

Garner’s mother, Gwenn Carr, said Friday that those officers should also be held accountable for her son’s death and said the department should schedule a trial date for Sgt. Kizzy Adonis, one of the first supervisors to arrive at the scene in 2014.

“I will continue to fight — and I’m asking everyone who supports me in NYC and around the country to continue to fight — until there is accountability for Eric and for all New Yorkers, and until Pantaleo and all of these officers who engaged in misconduct related to Eric’s murder have been fired from the NYPD,” Carr said in a statement.

Carr called for the department to fire Damico and Lt. Christopher Bannon, who supervised the two officers. In text messages to a supervisor at the time, Bannon had called Garner’s death “not a big deal.”

Davie said the evidence prosecutors had brought forward at the departmental trial, which took place at Police Headquarters in lower Manhattan, “was more than sufficient to prove Pantaleo unfit to serve.”

The proceedings had been delayed in deference to the federal investigation until last summer, after federal prosecutors said their case had stalled.

After Garner’s death, the Police Department retrained officers on de-escalation tactics, adopted a body-camera program and revised its use-of-force policy. But officials also loosened the ban on chokeholds in 2016 to allow officers to use them in extraordinary circumstances.

Since O’Neill became police commissioner in 2016, no officer has been fired for using a chokehold. Many city leaders have applauded his efforts to build trust with black and Latino communities alienated by aggressive policing practices but also say he falls short when it comes to disciplining officers who abuse civilians.

NYPD Judge Says Officer Should Be Fired in Eric Garner's Death

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Ashley Southall, Ali Watkins and William K. Rashbaum

Articles written by the author

NYPD Commissioner O'Neill Resigns; Dermot Shea to Take Over

Officer in Garner's Death Should Be Fired, NYPD Judge Says

NYPD Officer in Eric Garner's Death Should Be Fired, Judge Says

NYPD Officer in Eric Garner's Death Should Be Fired, Judge Says

NYPD Officer in Eric Garner's Death Should Be Fired, Judge Says

NYPD Judge Says Officer Should Be Fired in Eric Garner's Death