News ‘Today we can’t breathe.’ DOJ will not bring civil rights charge against NYPD officer in death of Eric Garner July 16, 2019 Kevin Johnson, USA TODAY Comments Off on ‘Today we can’t breathe.’ DOJ will not bring civil rights charge against NYPD officer in death of Eric Garner Garner died after an NYPD officer tried to arrest him for selling loose cigarettes. His dying gasp of "I can't breathe" inspired nationwide protests.