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tillsonburg/iStock(NEW YORK) — The Justice Department on Monday has declined to file federal civil rights charges against the New York Police Department officer involved in the chokehold death of Eric Garner, whose dying words “I can’t breathe” became a national rallying cry for demonstrations about police treatment of minorities, according to a source familiar with the matter.

The decision comes one day before the fifth anniversary of Garner’s death and the expiration of the statute of limitations. The death of Garner, a 43-year-old father of six, was ruled a homicide in August 2014.

Demonstrations are planned Wednesday in Manhattan and Staten Island.

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