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Demonstrators protest as they march to the location where Eric Garner was killed on the one year anniversary of his death ...

Trial of white officer in Eric Garner chokehold death to proceed

NEW YORK (AP) — A New York City judge is allowing a police disciplinary case to proceed against the white officer accused in the 2014 chokehold death of an unarmed black man.

Judge Joan Madden on Thursday rejected Officer Daniel Pantaleo’s claim that a police watchdog agency didn’t have jurisdiction to prosecute the case.

Pantaleo’s trial is scheduled to start Monday.

The Civilian Complaint Review Board is prosecuting Pantaleo under a memorandum of understanding with the NYPD. His lawyer says the department should be handling the prosecution itself.

Pantaleo is charged with reckless use of a chokehold and intentional use of a chokehold in Eric Garner’s July 2014 death on Staten Island.

If convicted, Pantaleo could face punishment ranging from the loss of vacation days to firing. He is currently on desk duty.