ThinkProgress has uncovered the disturbing secret history of the NYPD officer who killed Eric Garner. Documents obtained exclusively by ThinkProgress indicate that Officer Daniel Pantaleo, who is still employed by the NPYD (earning $120,000 a year), had a history of breaking the rules. These records are the subject of an ongoing lawsuit, and the city refuses to release them.

As you recall, on July 17, 2014, NYPD Officer Daniel Pantaleo wrapped his arms around Eric Garner’s neck and squeezed. He held tight as a gang of other white cops pounced on and slammed Garner, 43 years old and asthmatic, to the ground. Garner, who was unarmed at the time, gasped for air, arm outstretched, saying “I can’t breathe” over and over as officers piled on top of him. Then he was silent.

The next day, when the New York Daily News released video of the encounter, Garner had already died from neck and chest compression. His death sparked national protests about police violence against the black community, and his final words, “I can’t breathe,” became a rallying cry for the Black Lives Matter movement. On December 3, 2014, when a grand jury decided not to indict Pantaleo, thousands of people in cities all over the country stormed the streets to chant Garner’s dying words.

Pantaleo became a symbol of law enforcement that acts with impunity — especially with respect to white officers interacting violently with black men. Not only had Pantaleo killed a man accused of bootlegging cigarettes, but he’d used a chokehold prohibited by the NYPD to do it.

Before he put Garner in the chokehold, the records show, he had seven disciplinary complaints and 14 individual allegations lodged against him. Four of those allegations were substantiated by an independent review board.

Neither Pantaleo nor the NYPD responded to ThinkProgress requests for comment.

A pattern of problematic behavior

Pantaleo’s apparent disciplinary history was sent to ThinkProgress from an anonymous source who said they worked at the New York City Civilian Complaint Review Board (CCRB), an independent agency that receives and investigates complaints against NYPD officers. The source did not disclose their name or identity to ThinkProgress, but four New York City attorneys told ThinkProgress the documents match the appearance of summaries of disciplinary proceedings before the CCRB. Two of these attorneys declined to have their names associated with the verification of the documents, citing fear that they would be associated with the leak. (The documents can be found at the bottom of the article and [MORE on sources])

The documents show four of the allegations were substantiated by the CCRB, which recommended disciplinary action against Pantaleo years before he killed Garner. According to the records, the agency had sufficient evidence of an abusive vehicle stop and search by Pantaleo in 2011, which resulted in a two-part complaint. The agency also substantiated allegations about an abusive stop and frisk in 2012, which resulted in another two-part complaint that was reported by DNAinfo in April 2016.

According to the opinion of experts interviewed by ThinkProgress and our own review of CCRB data, this, along with the sheer number of cases, indicates a chronic history of complaints against Pantaleo and would make his disciplinary history with the CCRB among the worst on the force.

The documents indicate that the CCRB pushed for the harshest penalties it has the authority to recommend for all four substantiated allegations: charges that aren’t criminal, but “launch an administrative prosecution in the NYPD Trial Room,” according to the CCRB, and can result in suspension, lost vacation days, or termination. But the NYPD, which is not required to heed the CCRB’s recommendations, imposed the weakest disciplinary action for the vehicular incident: “instruction,” or additional training.

It also diverged from the CCRB’s stance on the 2012 stop and frisk. While the NYPD found Pantaleo guilty of unauthorized frisking, it cleared him of making an abusive stop. Instead of eight forfeited vacation days, per the CCRB’s recommendation, Pantaleo only had to forfeit two.

Jonathan Moore, a civil-rights attorney who represented Garner’s family and four of the Central Park Five, noted that the previous stop-and-frisk case was telling.

“Imagine that. Here’s the disposition of a substantiated charge for making a bad vehicle search and a bad vehicle stop, and the remedy is instruction,” Moore told ThinkProgress. “What happened on July 17th with Eric Garner was a bad stop and frisk.”

The documents also show allegations that Pantaleo refused to seek medical treatment for someone in 2009, hit someone against an inanimate object in 2011, made abusive vehicular stops and searches on two separate occasions in 2012, and used physical force during another incident in 2013.

The documents indicate that the 2009 and 2013 incidents were unsubstantiated by the CCRB, meaning “available evidence is insufficient to determine whether the officer did or did not commit misconduct.” So too were the vehicular stops and searches in 2012. The 2011 case was closed because the complainant was “uncooperative,” which the agency describes as not answering investigator requests for an interview or missing two interviews.

But legal experts say the number of complaints should have raised red flags, even if they weren’t substantiated.

“Regardless of the outcome, if you get three complaints in a year, you’re supposed to be on performance monitoring,” Moore said. “He got three in the course of two months in 2012.”

A record that stands out

Even a conservative reading of the documents indicates Pantaleo had among the worst CCRB disciplinary records on the force two years before his encounter with Garner. Yet the NYPD allowed him to stay on the streets.

When compared with publicly available data posted on the CCRB’s website, the records show that Pantaleo was subject to far more disciplinary allegations and substantiated complaints than the majority of his 36,000 fellow NYPD officers. The CCRB data, which is based on cases closed from 2006 to 2017, has its limitations: it does not appear to control for variables such as age or how long an officer has been on the force. For example, an officer with a decade in uniform may have the same number of complaints as an officer with just a year’s experience: common sense would say the less-experienced officer is the worse offender, but the records would make no distinction between these two hypothetical cases.

Nevertheless, a ThinkProgress analysis of available CCRB data found that only 1,750 current NYPD officers — or around 4.9 percent of the force — have received eight or more complaints, as Pantaleo has. The same data also shows that only 738 officers — about 2 percent — have two or more complaints with substantiated allegations.