A judge ruled Thursday that the trial of the New York City police officer accused of choking Eric Garner to death can proceed, The Associated Press reported.
NYPD officer Daniel Pantaleo argued that the police watchdog agency bringing the case forward lacks jurisdiction.
But New York State Supreme Court Judge Joan Madden rejected that claim, and the trial is now reportedly set for Monday.
“It has been nearly five years since this tragic incident,” Madden said, according to the AP. “The Garner family, the police officer and the public should have resolution of the issues involved in this trial.”
The Civilian Complaint Review Board is acting like the prosecution in Pantaleo’s administrative case under a memorandum of understanding with the NYPD, according to the AP.
Pantaleo has been on desk duty since Garner’s death in July of 2014.
Garner, 43, a black man, was stopped by police and accused of selling loose, untaxed cigarettes.
Pantaleo, a white officer, was captured on viral video putting Garner in an apparent chokehold. In the video Garner gasps “I can’t breathe,” a phrase that became a rallying cry for Black Lives Matter protesters.
A medical examiner ruled the death a homicide caused in part by a chokehold.
Garner’s family received a $5.9 million wrongful death settlement from the city in 2015.