Staten Island District Attorney Daniel Donovan did not include a lesser charge of reckless endangerment when he presented a grand jury with the case against cop Daniel Pantaleo, it was revealed Friday.
The jury, which chose not to indict Pantaleo in the chokehold death of Eric Garner, was asked to consider only manslaughter and criminally negligent homicide raps, NBC 4 said.
Citing confidentiality laws, the DA's office would not comment on the proceedings or why it decided not to provide the reckless-endangerment option.
The 23-person panel concluded Wednesday that there wasn't enough evidence to indict Pantaleo on criminal charges — setting off a wave of protests.
He still faces a federal investigation, departmental charges and civil suits.
In a claim filed last month, Kenneth Smith, 22, of Staten Island, alleges Pantaleo and several other cops trumped up drug raps against him during a February 2012 apartment raid.
Smith and another man claim they were wrongly arrested for pot possession after Pantaleo subjected them to degrading genital searches, the suit states.
The drug charges were dropped, court papers say.
The city settled another federal civil case against Pantaleo for $30,000 in January, and he still faces a $75 million claim by Garner's family.
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