WASHINGTON The Justice Department will not pursue federal civil rights charges against Daniel Pantaleo, the New York City police officer who placed Eric Garner in a chokehold before his death, a person familiar with the case said Tuesday.

The decision came just before the five-year statute of limitations on the case expired. Garners cries of I cant breathe as he choked to death prompted a national outcry over the use of force against him.

The incident shouldnt have ended in Garners death but the DOJ was charged with determining whether Pantaleos actions purposefully violated federal civil rights law, said a senior Justice Department official speaking on background who had been involved in the case since the beginning.

DOJ officials did not feel convinced that there was evidence to prove beyond a reasonable doubt the officer acted willfully, the official said. Its hard to thoughtfully apply specific techniques during physical confrontations with resisting parties, the official said. The most challenging part of the case, according to the official, was proving Pantaleos state of mind when he put his arm around Garners neck and restricted his airflow.

The official said the Justice Departments Civil Rights Division and prosecutors in the Eastern District of New York had differing views on the case. EDNY prosecutors consistently believed the evidence was not enough, while Civil Rights Division officials thought there could be a case. Attorney General William Barr was the ultimate decision-maker on the case, and he adopted the EDNYs position.