Haunted by a rape case, a New York attorney backs out of a chokehold case filed against the New York Police Department for the death of Eric Garner, an African-American man accused of selling untaxed cigarettes.

A partner from Sanforn Rubenstein's law firm confirmed the report on Wednesday citing that the lawyer did not want claims of sexual assault to distract him from handling Garner's case.

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Known for winning large settlements from police brutality cases, Attorney Rubenstein bowed out of the $75 million civil case.

"I will be stepping back from any role representing the family of police choking victim Eric Garner so there are no distractions from the family's fight for justice," Rubenstein's statement indicated adding that a partner from his law firm will take over the case to continue pursuing 'justice and accountability.'

It was the first instance that Rubenstein broke his silence since he was accused of sexually assaulting a female adviser from Rev. Al Sharpton's National Action Network.

The 70-year-old lawyer has not been arrested though authorities are speeding up DNA test orders to pursue the rape case filed by the unnamed 42-year-old woman.

Meanwhile, Sharpton had assured Garner's family that he and his network will back their claim despite controversies involving the lawyer of their choice.

Rubenstein's law partner Scott Rynecki is set to take over the chokehold case that sparked protests from thousands of supporters and human rights advocates condemning the use of excessive force enforced by local police officers.

Then-43-year-old Eric Garner died on July 17 after he was put on a chokehold by NYPD officers who tried to arrest him for peddling untaxed cigarettes along the city's busy streets.

During the incident, which was caught on camera, Garner pleaded for officers to let him go saying that he cannot breathe.

A big man with asthma and heart problems, Garner reportedly died of asphyxia due to the chokehold, according to an autopsy report revealed on Aug. 1.

Tagschokehold, Rape, Lawyer, Murder, civil case