Officer firing, others thinking they were under fire, magazine-dumping in wild shooting, 29 of 50 rounds missing the car entirely, hitting occupied houses and a train station.
Want to blaze away with no regard for backstop? Be one of NY's Finest, apparently.
NYPD Officers Acquitted of All Counts in 50-Shot Barrage That Killed Groom-to-Be
Friday , April 25, 2008
AP
NEW YORK
Three detectives were acquitted of all charges Friday in the 50-shot killing of an unarmed man on his wedding day after a trial that that put the NYPD at the center of another highly charged case involving allegations of excessive firepower.
Justice Arthur Cooperman delivered the verdict in a Queens courtroom packed with spectators, including victim Sean Bell's fiancee and parents, as at least 200 people gathered outside the building.
The verdict provoked an outpouring of emotions: Bell's fiancee immediately walked out of the room. His mother cried. Gasps were heard throughout the room.
Shouts of "No!" and "Not guilty!" erupted in the crowd outside the courthouse as word of the verdict began to spread. Dozens of people in the crowd began crying after hearing the verdict.
Before announcing the verdict, the judge made a statement indicating that the police officers' version of events was more credible than the victims' version. "The people have not proved beyond a reasonable doubt that each defendant was not justified" in shooting the victims, Cooperman said.
Bell, a 23-year-old black man, was killed in a hail of gunfire outside a seedy strip club in Queens on Nov. 25, 2006 his wedding day as he was leaving his bachelor party with two friends.
Officers Michael Oliver, 36, and Gescard Isnora, 29, stood trial for manslaughter while Officer Marc Cooper, 40, was charged only with reckless endangerment. Two other shooters weren't charged. Oliver squeezed off 31 shots; Isnora fired 11 rounds; and Cooper shot four times.
A conviction on manslaughter could have brought up to 25 years in prison.
Click here for photos.
The case brought back painful memories of other NYPD shootings, such as the 1999 shooting of Amadou Diallo an African immigrant who was gunned down in a hail of 41 bullets by police officers who mistook his wallet for a gun. The acquittal of the officers in that case created a storm of protest, with hundreds arrested after taking to the streets in demonstration.
The mood surrounding this case has been muted by comparison, although Bell's fiancee, parents and their supporters, including the Rev. Al Sharpton, have held rallies demanding that the officers two of whom are black be held accountable.
The officers, complaining that pretrial publicity had unfairly painted them as cold-blooded killers, opted to have the judge decide the case rather than a jury.
The nearly two-month trial was marked by deeply divergent accounts on the part of defense lawyers and prosecutors.
The defense painted the victims as drunken thugs who the officers believed were armed and dangerous. Prosecutors sought to convince the judge that the victims had been minding their own business, and that the officers were inept, trigger-happy aggressors.
In his closing arguments, prosecutor Charles Testagrossa alluded to the starkly different views of the shooting.
"If you are a police officer or sympathetic to police officers, the defendants are tragic heroes and the victims are thugs," he said. "If you are friends of the victims, then the defendants are murderers."
None of the officers took the witness stand in his own defense.
Instead, Cooperman heard transcripts of the officers testifying before a grand jury, saying they believed they had good reason to use deadly force. The judge also heard testimony from Bell's two injured companions, who insisted the maelstrom erupted without warning.
Both sides were consistent on one point: The utter chaos surrounding the last moments of Bell's life.
"It happened so quick," Isnora in his grand jury testimony. "It was like the last thing I ever wanted to do."
Bell's companions Trent Benefield and Joseph Guzman also offered dramatic testimony about the episode. Benefield and Guzman were both wounded; Guzman still has four bullets lodged in his body.
Referring to Isnora, Guzman said, "This dude is shooting like he's crazy, like he's out of his mind."
The victims and shooters were set on a fateful collision course by a pair of innocuous decisions: Bell's to have a last-minute bachelor party at Kalua Cabaret, and the undercover detectives' to investigate reports of prostitution at the club.
The party, according to Bell's friends, was boozy but uneventful. But the undercovers were jumpy.
"I felt uncomfortable," testified Detective Hispolito "Hip" Sanchez, who with Isnora posed as a patron that night. "I just didn't feel good about it."
As the club closed around 4 a.m., Sanchez and Isnora claimed they overheard Bell and his friends first flirt with women, then taunt a stranger who responded by putting his right hand in his pocket as if he had a gun. Guzman, they testified, said, "Yo, go get my gun" something Bell's friends denied.
Isnora said he decided to arm himself, call for backup "It's getting hot," he told his supervisor and tail Bell, Guzman and Benefield as they went around the corner and got into Bell's car. He claimed that after warning the men to halt, Bell pulled away, bumped him and rammed an unmarked police van that converged on the scene with Oliver at the wheel.
The detective also alleged that Guzman made a sudden move as if he were reaching for a gun.
"I yelled 'Gun!' and fired," he said. "In my mind, I knew (Guzman) had a gun."
Benefield and Guzman testified that there were no orders. Instead, Guzman said, Isnora "appeared out of nowhere" with a gun drawn and shot him in the shoulder the first of 16 shots to enter his body.
"That's all there was gunfire," he said. "There wasn't nothing else."
With tires screeching, glass breaking and bullets flying, the officers claimed that they believed they were the ones under fire. Oliver responded by emptying his semiautomatic pistol, reloading, and emptying it again, as the supervisor dived for cover.
The truth emerged when the smoke cleared: There was no weapon inside Bell's blood-splattered car.
After an ambulance was summoned, the shaken detectives gathered in the middle of the street a scene the supervisor described as "surreal."
"We were all in shock," he said. "We thanked God that none of us were hit and we were going home."
In closing arguments, defense attorneys accused prosecutors of building their case on the unreliable testimony of Bell's friends. They noted that Guzman and Benefield both have criminal records and $50 million lawsuits against the city.
The pair were part of "a parade of convicted felons, crack dealers and men who were not strangers to weapons," said James Culleton, Oliver's attorney.
A lawyer for Isnora, Anthony Ricco, portrayed his client as an unjustly vilified hero who had exercised "enormous restraint" before pulling the trigger. But Testagrossa depicted the detectives as cowboys who wildly overreacted to some harmless trash talk. He suggested Oliver was the worst offender.
"Thirty-one shots," the prosecutor said. "Thirty-one separate pulls of the trigger. ... Thirty-one separate decisions to use deadly force. Thirty-one opportunities to pause and reassess whether continuing firing was necessary.
"Thirty-one opportunities to save an innocent life."
http://www.foxnews.com/story/0,2933,352566,00.html
