A spokesperson for the federal prosecutor's office in Brooklyn declined to comment on the report ahead of the news briefing. A spokesperson for New York's Police Benevolent Association union declined to immediately comment on the news.
Medical experts have determined Garner's death was a homicide induced by "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police".
Pantaleo's lawyers have argued he did not use a chokehold, but instead used an authorised "seatbelt" hold that slipped as Garner struggled, and that the officer did not cause Garner's death.
The incident, and other high-profile police killings of black men and teens in cities including Ferguson, Missouri, and Baltimore, set off a wave of nationwide protests in 2014 and 2015.
Reuters