(AP Photo/Seth Wenig)
(AP Photo/Seth Wenig)

A white New York police officer has not been indicted by a grand jury in connection with the chokehold death of an African American man suspected of selling loose cigarettes.

FOX News Radio's Jessica Golloher reports from New York:

Eric Garner, who was black, was stopped on suspicion of selling loose cigarettes near the Staten Island Ferry in July. Amateur video shows Garner telling Officer Daniel Pantaleo, who is white, to leave him alone. Garner is heard gasping for breath and saying 'I can't breathe'.

The medical examiner says the chokehold contributed to his death. Pantaleo's lawyers argued Garner's poor health played a role.

The news comes on the heels of former white police officer Darren Wilson failing to be indicted by a grand jury for killing an unarmed black teen in Ferguson, Missouri.

In New York, Jessica Golloher, FOX News Radio.