A New York prosecutor says he’s asking a grand jury to consider charges in the death of a man placed in an apparent chokehold by a police officer.

Staten Island District Attorney Daniel Donovan announced Tuesday that an extra grand jury will be impaneled to hear evidence next month in the July 17 death of Eric Garner.

Amateur video shows the 43-year-old gasping “I can’t breathe” as an officer places him in a chokehold.

Donovan says his decision is based on his office’s investigation and the medical examiner’s ruling the death was homicide.

He says a court granted his request for the extra grand jury on Monday.

Rev. Al Sharpton is leading a protest to Donovan’s office on Saturday. He’s calling for charges against the officers involved in Garner’s death.

(AP)