A grand jury will hear evidence in the death of Eric Garner, a man who died after being put in an apparent chokehold by a New York City police officer during an arrest, to determine whether charges are warranted, the Staten Island District Attorney's Office announced Tuesday, reports CBS New York.

District Attorney Daniel Donovan says his decision to empanel a grand jury is based on his office's investigation and the medical examiner's ruling that Garner's death was homicide, CBS News reports.

The 43-year-old Garner - a father of six - died July 17 during an arrest in Staten Island for allegedly for selling loose, untaxed cigarettes.

Video of the arrest shot by a bystander shows one officer wrap his arm around Garner's neck as he is taken to the ground - while Garner shouts, "I can't breathe."

Chokeholds are banned under New York Police Department policy. In the wake of Garner's death, New York City Police Commissioner Bill Bratton vowed to retrain officers on the use of force.

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