Shades of Diallo: The indictments
The New York Daily News provided greater details about the indictments being handed down to three New York City Police Department officers in connection with their involvement in the Nov. 25 fatal shooting of Sean Bell, 23, in Queens.
Three NYPD officers indicted in Bell shooting
Here's the breakdown of the indictments, which will be officially announced on Monday morning by Queens District Attorney Richard Brown.
Det. Gescard Isnora: Manslaughter
Det. Michael Oliver: Manslaughter
Det. Marc Cooper: Reckless Endangerment
Det. Paul Headley: Not indicted
Officer Mike Carey: Not indicted
The indictments of Isnora and Oliver weren't shocking because between the two of them, they had fired 42 of the 50 shots fired. But Cooper's inclusion on the list did raise some eyebrows because he had fired only four shots. One source in the article explained it this way.
(excerpt)
But Cooper may have sealed his own fate when he took the stand before the grand jury last week, according to a source familiar with his testimony.
"He was nervous, and he got a little confused," the source said. "He said he didn't see where the threat was coming from and stuck his hand out and fired.
"Obviously that's reckless endangerment. He tried to go back and clarify it, but once it came out, he was stuck."
It wasn't clear if the trio faced other criminal charges or what degree of reckless endangerment was involved with the indictment issued to Cooper.
The Reactions
Reactions ranged from shock, to relief, depending on who you asked about their feelings about the indictments issued to the three NYPD detectives, according to a different New York Daily News article.
Shock, disappointment-and relief
The officers were disappointed and shocked, but stoic.
(excerpt)
Detective Marc Cooper, who fired four times, was charged with reckless endangerment, sources said. He was with loved ones when he learned.
"He's with his family, explaining the situation, preparing for the surrender," Cooper's attorney, Paul Martin, said yesterday afternoon.
"He was surprised, shocked and disappointed," Martin said of the 17-year veteran narcotics detective. "It's been a tough time for him waiting for the grand jury's decision. His family is disappointed as well. But they are supporting him and standing by his side."
The family of Bell and his two friends who had been shot and wounded, with one of them still relying on crutches to get around, were relieved, according to the New York Daily News.
No joy, but hope
The Queens neighborhood reacted to the news with relief. Bell's family members including his fiancee Nichole Paultre-Bell were more reticent and reflective.
(excerpt)
"A lot of people have been on edge about it," said Bishop Erskine Williams, a spokesman for Benefield and Guzman. "But I think the fever is breaking.
"I think that people are going to now regain their confidence in the criminal justice system."
It remains to be seen what will happen in the days ahead. After all, there were four NYPD officer indicted for the fatal shooting of Amadou Diallo in 1999, but they were all acquitted at the jury trial where the burden of proof for convictions are higher and in a legal system where jurors are reluctant to convict law enforcement officers. However, the New York Daily News predicts that it will be an uphill battle for the three officers.
(excerpt, New York Daily News)
"Do not underestimate how difficult it is to defend a police officer," said defense lawyer John Scarpa, a former Queens assistant district attorney who 20 years ago prosecuted cops in the infamous 106th Precinct stun-gun torture case.
"Jurors are predisposed to hold cops to a higher standard, so although the prosecutor has the burden to prove they're guilty, the burden probably shifts in police cases, and cops have to show their actions were reasonable."
The New York Times article published today stated that there was no certainty in terms of what degree of manslaughter charges that Isnora and Oliver were facing. It depends on whether the intent of the detectives was determined to be reckless or specifically aimed at causing harm to the individuals that they were shooting at.
The three detectives will surrender to the authorities on Monday and an arraignment has been scheduled for that day.
The Times also ran an interesting article on examining what went on in the minds of those serving on the grand jury when they reached their decision. According to this article, legal experts interviewed believed that the jury's decision was a compromise.
The experts tended to disagree on the level of difficulty in reaching convictions in cases involving law enforcement officers. One said it that the race of the jurors was a factor.
(excerpt)
“As a general rule, depending on the borough, white people tend to be more forgiving of police use of force against black people,” said Ronald L. Kuby, a civil rights lawyer.
“If the question is, ‘How many mistakes are you willing to forgive as long as this cop keeps you safe?’ the answer usually is, ‘Whatever.’ ”
Another criminal defense attorney said that the attitudes against law enforcement were very negative at the moment, while another said it depended on the standard of officer behavior.
(excerpt)
“Now the question becomes, ‘Would a reasonable police officer in that circumstance come to the same kind of decision-making?’ ” said John Patten, a lawyer who represented Sean Carroll, one of the officers acquitted in the Diallo case.
Reactions to the grand jury indictments can be read at Blog Talk, at the New York Times site.
Three NYPD officers indicted in Bell shooting
Here's the breakdown of the indictments, which will be officially announced on Monday morning by Queens District Attorney Richard Brown.
Det. Gescard Isnora: Manslaughter
Det. Michael Oliver: Manslaughter
Det. Marc Cooper: Reckless Endangerment
Det. Paul Headley: Not indicted
Officer Mike Carey: Not indicted
The indictments of Isnora and Oliver weren't shocking because between the two of them, they had fired 42 of the 50 shots fired. But Cooper's inclusion on the list did raise some eyebrows because he had fired only four shots. One source in the article explained it this way.
(excerpt)
But Cooper may have sealed his own fate when he took the stand before the grand jury last week, according to a source familiar with his testimony.
"He was nervous, and he got a little confused," the source said. "He said he didn't see where the threat was coming from and stuck his hand out and fired.
"Obviously that's reckless endangerment. He tried to go back and clarify it, but once it came out, he was stuck."
It wasn't clear if the trio faced other criminal charges or what degree of reckless endangerment was involved with the indictment issued to Cooper.
The Reactions
Reactions ranged from shock, to relief, depending on who you asked about their feelings about the indictments issued to the three NYPD detectives, according to a different New York Daily News article.
Shock, disappointment-and relief
The officers were disappointed and shocked, but stoic.
(excerpt)
Detective Marc Cooper, who fired four times, was charged with reckless endangerment, sources said. He was with loved ones when he learned.
"He's with his family, explaining the situation, preparing for the surrender," Cooper's attorney, Paul Martin, said yesterday afternoon.
"He was surprised, shocked and disappointed," Martin said of the 17-year veteran narcotics detective. "It's been a tough time for him waiting for the grand jury's decision. His family is disappointed as well. But they are supporting him and standing by his side."
The family of Bell and his two friends who had been shot and wounded, with one of them still relying on crutches to get around, were relieved, according to the New York Daily News.
No joy, but hope
The Queens neighborhood reacted to the news with relief. Bell's family members including his fiancee Nichole Paultre-Bell were more reticent and reflective.
(excerpt)
"A lot of people have been on edge about it," said Bishop Erskine Williams, a spokesman for Benefield and Guzman. "But I think the fever is breaking.
"I think that people are going to now regain their confidence in the criminal justice system."
It remains to be seen what will happen in the days ahead. After all, there were four NYPD officer indicted for the fatal shooting of Amadou Diallo in 1999, but they were all acquitted at the jury trial where the burden of proof for convictions are higher and in a legal system where jurors are reluctant to convict law enforcement officers. However, the New York Daily News predicts that it will be an uphill battle for the three officers.
(excerpt, New York Daily News)
"Do not underestimate how difficult it is to defend a police officer," said defense lawyer John Scarpa, a former Queens assistant district attorney who 20 years ago prosecuted cops in the infamous 106th Precinct stun-gun torture case.
"Jurors are predisposed to hold cops to a higher standard, so although the prosecutor has the burden to prove they're guilty, the burden probably shifts in police cases, and cops have to show their actions were reasonable."
The New York Times article published today stated that there was no certainty in terms of what degree of manslaughter charges that Isnora and Oliver were facing. It depends on whether the intent of the detectives was determined to be reckless or specifically aimed at causing harm to the individuals that they were shooting at.
The three detectives will surrender to the authorities on Monday and an arraignment has been scheduled for that day.
The Times also ran an interesting article on examining what went on in the minds of those serving on the grand jury when they reached their decision. According to this article, legal experts interviewed believed that the jury's decision was a compromise.
The experts tended to disagree on the level of difficulty in reaching convictions in cases involving law enforcement officers. One said it that the race of the jurors was a factor.
(excerpt)
“As a general rule, depending on the borough, white people tend to be more forgiving of police use of force against black people,” said Ronald L. Kuby, a civil rights lawyer.
“If the question is, ‘How many mistakes are you willing to forgive as long as this cop keeps you safe?’ the answer usually is, ‘Whatever.’ ”
Another criminal defense attorney said that the attitudes against law enforcement were very negative at the moment, while another said it depended on the standard of officer behavior.
(excerpt)
“Now the question becomes, ‘Would a reasonable police officer in that circumstance come to the same kind of decision-making?’ ” said John Patten, a lawyer who represented Sean Carroll, one of the officers acquitted in the Diallo case.
Reactions to the grand jury indictments can be read at Blog Talk, at the New York Times site.
Labels: officer-involved shootings
posted by Five Before Midnight | 11:20 AM
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