difficult-2-watch a video. tonight we know that the department of justice has made the call not to charge daniel. trace gallagher group joins us from our west coast newsroom with this story tonight. hi, trace. prosecutors were definitely at a stalemate, civil rights division recommended that charges be brought against the officer, but the u.s. attorney s office for the eastern district of new york disagreed saying the government s burden of proof could not be met, and here s why. my senior doj official tells fox news they could not prove that the officer and other officers were acting willfully during the confrontation despite videotape showing eric garner saying i can t breathe at least 11 times. watch. the officer was not engaged in a choke hold on mr. garner when he said he could not breathe, and neither the officer nor any other officer applied a