>> he was killed on the street and this cop is still on the police force. why? because if eric garner did that, he would have been in a [ bleep ] jail cell. >> five years ago my son said i can't breathe eleven times, and today we can't breathe, because they have let us down. you killed my son and you won't get away with it. i stood quietly by for five years. i'm not being quiet anymore. >> cnn's crime and justice reporter shimon is live. he's been following all of this. you were inside when this announceme announcement came down. why no charges? what are prosecutors saying? >> well, the bottom line, kate, the u.s. attorney here richard donna hue said the evidence and the law just was not there.