NEW YORK (CBSNewYork) — It’s been over three years since Eric Garner died in a struggle with police.

Now, the Civilian Complaint Review Board is recommending the NYPD discipline Officer Daniel Pantaleo. He’s the cop who used a banned chokehold on the 43-year-old Staten Island man.

The Reverend Al Sharpton said it’s all the more reason for the feds to bring civil rights charges against Pantaleo who remains on modified duty, stripped of his badge and gun.

An NYPD spokesman said they are aware of the recommendation, but said the police department is waiting for the Department of Justice to finish its investigation.

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