NEW YORK (CBSNewYork/AP) — The New York Police Department tells CBS2 they’ve filed departmental charges against the police officer involved in the death of Eric Garner.

A police spokesman says disciplinary charges were presented to Officer Daniel Pantaleo on Friday just days after the NYPD gave the U.S. Justice Department an ultimatum; if federal investigators don’t take action on the case by the end of August police brass will step in.

A police watchdog agency, the Civilian Complaint Review Board, will prosecute Panteleo.

Earlier this week Garner’s surviving family held a rally outside City Hall calling for justice on the fourth anniversary of his death.

Garner, who had asthma, is heard in the video gasping, “I can’t breathe.” He was pronounced dead at a hospital. The medical examiner ruled the death a homicide caused in part by the chokehold.

A grand jury declined to indict Pantaleo and the Justice Department launched a civil rights investigation. Garner’s death became another rallying cry in the Black Lives Matter movement.

The Police Benevolent Association says it hopes the NYPD’s eagerness doesn’t mean an outcome has already been decided. The PBA says it is confident that Officer Pantaleo will be vindicated.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)