New York- The New York Post is reporting that a grand jury has declined to indict Officer Daniel Pantaleo, the NYPD officer who was caught on video placing Eric Garner in a choke hold in July following accusations against Garner over alleged sales of loose cigarettes.

Garner, 43, died shortly after his altercation with Pantaleo and was heard on amateur video yelling “I can’t breathe” as Pantaleo placed him in a hold that was classified as a choke hold, which is a forbidden hold to use in the NYPD.

Garner’s death had been ruled a homicide by the city’s medical examiner. Garner’s family plans to sue the city for civil rights violations and wrongful death.