The Justice Department has been reviewing the case for the last year.
The 18-year-old was followed home and shot dead with his grandmother and 6-year-old brother in the apartment. Officer Richard Haste thought Graham was disposing of drugs and thought he had a gun.
Officer Richard Haste, 30, is expected to surrender on Wednesday morning on a first-degree manslaughter charge. Sources told CBS 2, Haste will be suspended from the NYPD once he turns himself in and is placed under arrest.