The death of Eric Garner, a 43-year-old black father of six, is being reviewed by a grand jury to determine if the New York Police Department officer will be charged criminally, according to The Associated Press.

The trial begins five weeks after the medical examiner found that a banned chokehold used by Officer Daniel Pantaleo contributed to the death of Eric Garner on Staten Island, the AP reported. The police department's patrol guide bans officers from using choke holds, saying they can be deadly.

The chokehold and death of the unarmed New York City man was videotaped and shows a confrontation with police, union officials said, the AP reported. A video of police arresting Garner, in which he can be heard saying repeatedly he could not breathe, went viral on the Internet, helping draw attention to the case.

Garner's death in New York City was ruled a homicide by the city medical examiner, who said police officers killed him by compressing his neck and chest as they restrained him for selling loose cigarettes, according to the AP.

Garner's health problems, including asthma and obesity, were contributing factors, the medical examiner said, the AP reported.

The issue intensified the following month when a white police officer in Ferguson, Mo., shot and killed Michael Brown, an unarmed black teenager, but the officer's lawyer, Stuart London, said he expects it will take at least a month for the panel to reach a decision, according to the AP.

The grand jury will determine whether anyone should be criminally charged in Garner's death, the AP reported.