Staten Island District Attorney Daniel Donovan said Tuesday after "a careful review of recent findings of the Medical Examiner regarding the cause and manner of Eric Garner's death," he will convene a special grand jury to determine whether to levy charges in the chokehold death of Eric Garner.

"I have determined that it is appropriate to present evidence regarding the circumstances of his death to a Richmond County Grand Jury," a statement released by Donovan's office reads. "Yesterday, the Court granted my application for the impaneling of an additional Grand Jury and I intend to utilize that Grand Jury sometime next month to begin presenting evidence on this matter."

The special grand jury will consider whether to hand down an indictment for Daniel Pantaleo and any other officers after hearing all the evidence gathered by the prosecutor. 

"I question any reason why Donovan would request a special grand jury. I think the investigation has even taken too long because the tape speaks for itself. I think they're using the calling for special grand jury as a delay tactic," Ramon Jimenez, attorney and long-time activist in the South Bronx, told Latin Post.  

"I don't trust this case in the hands of Dan Donovan. Dan Donovan is endorsed by the police union, he's very close to many of the police officers in Staten Island and I think we are making a mistake by assuming he is going to do a good job presenting this case. And I fear, once again, a group of police officers are going to get away with what at least amounts to manslaughter, or second degree homicide, for the reckless disregard for a person's life and causing them to die."

Garner, a 43-year-old father of six, died after being placed in a chokehold by police who were trying to arrest him for allegedly selling loose, untaxed cigarettes. Police originally said Garner died of cardiac arrest but a cellphone video of the incident shows an officer, Daniel Pantaleo, placing his arm around Garner's neck and then taking him to the ground after Garner refuses to be handcuffed. Garner, who weighed at least 350 pounds and suffered from asthma, is heard saying repeatedly in the video, "I can't breathe."

The Medical Examiner's office ruled Garner's death a homicide caused by the officer's chokehold as well chest and neck compressions and prone positioning "during physical restraint by police."

There have been repeated calls for Donovan to make charges and requests for the case to be handled by a state prosecutor and the Justice Department to intervene.

"I think the Governor [Cuomo] has to appoint a special prosecutor, independent from the police unions, independent from the local politics of Staten Island, and willing to take a strong position and be willing to present the evidence to a grand jury. I am worried about Donovan handling this case as we are going to get the same results in the Ramarley Graham in the Bronx. This was Robert Johnson [DA], Johnson couldn't even get an indictment of the officers who shot Ramarley Graham," Jimenez said.

Last Monday, six New York congressional lawmakers wrote to the Attorney General Eric Holder asking for the Justice Department to intervene.

"In order to have a fair and impartial investigation that could potentially lead to justice, the federal government has got to get involved," Hakeem Jeffries, a Democrat who represents New York's 8th District, which includes sections of Brooklyn and Queens, told reporters.

Jeffries and Yvette C. Clarke were joined by Gregory Meeks, Charles Rangel, Jose Serrano and Nydia Velazquez in their request for a federal probe. They said despite the medical examiner's determination, the police officer who applied the chokehold has not been detained and remains on the police department's payroll.

Donovan maintains he is committed to conducting a "fair, thorough and responsible" investigation into Garner's death.

"I will make no comment now, or during the period of time that the Grand Jury is convened, regarding the days that the Grand Jury will be sitting; who may be called as a witness before the Grand Jury; what any witness has or will testify about before the Grand Jury; when the Grand Jury will conclude its investigation; what criminal charges will be considered by the Grand Jury, or against whom the Grand Jury might consider any such criminal charges."

The decision comes just five days before justice groups with Justice Caravans coming from New Jersey have organized a march in Staten Island from the site of Eric Garner's death to the DA's office for Saturday.

The Rev. Al Sharpton said at National Action Network rally last week, "We want the DA to say that he is either going to make an arrest on probable cause or give the case to the feds."