Opening statements were delivered Monday in the departmental hearing of the NYPD officer accused of using a deadly chokehold in the death of Eric Garner.

Garner's mother was at police headquarters for the first day of testimony in the departmental hearing of Daniel Pantaleo.

Ramey Orta, who captured the video of Garner saying "I can't breathe," testified via video conference. He told the court that Garner was not selling loose cigarettes when Pantaleo and other officers approached him.

His lawyers and union say Pantaleo used what is called a seatbelt move to take down Garner, who they say was resisting arrest.

The hearing is expected to last for two weeks.

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