The medical examiner entrusted with reviewing evidence for federal prosecutors, deciding if charges against any of the officers involved in the Eric Garner chokehold death are warranted, is himself a former member of the New York Police Department (NYPD).

According to the New York Daily News, Lt. Col. Philip Berran was a member of the department for six years and has roots in Staten Island, the borough where Garner was killed during a scuffle with officer Daniel Pantaleo and others during which he uttered at least 11 times, "I can't breathe."

In addition, the 51-year-old Berran is also the grandson of a former police officer.

A federal grand jury convened last February to probe the incident, some two months after then-Staten Island District Attorney Daniel Donovan announced that Pantaleo would not face criminal charges.

Recently, the U.S. Attorney's office declined to comment on the Garner investigation, which largely relies on the evidence of cell phone video. During the taped encounter, Pantaleo can be seen putting Garner in a chokehold that has been banned by the department.

The city medical examiner has already ruled Garner's death a homicide, concluding that he died due to compression of the neck and chest and "prone positioning during physical restraint."

Renowned forensic pathologist Dr. Michael Baden was hired by the Garner family to review the autopsy results and agreed that there was evidence of neck compression.

"I would think that the military person (Berran) would agree that was the cause of death," he said.

During the grand jury proceedings in Staten Island, Pantaleo testified that he used a "takedown" method that he was taught in the police academy during his confrontation with Garner.

Garner was stopped by police after they suspected him of selling loose cigarettes on the street.