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December 1, 2006
Mayor: Excessive Force in Shooting
Unions Protest Remark
By REUVEN BLAU
Even as the Police Department examined whether there were procedural
failures that led to a fatal shooting by cops outside a Queens
nightclub last week, Mayor Bloomberg Nov. 27 said he believed the
undercover officers used excessive force when they fired at a car
that rammed into one of their colleagues.
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| MAYOR BLOOMBERG: 'Fifty shots unacceptable.' |
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"It's hard to understand why 50-odd shots should be taken," Mr.
Bloomberg told reporters. "To me that sounds excessive and
unacceptable, but we will wait and see for the investigation."
Unions: Rush to Judgment
Michael J. Palladino, president of the Detectives' Endowment Association,
disagreed. "Every police shooting has to be judged on the
individual facts," he said during a phone interview shortly
after the Mayor's press conference. "So much for allowing
the investigation to proceed without rushing to judgment; I think
his comments taint the case before the investigation is completed."
Patrick J. Lynch, president of the Patrolmen's Benevolent Association,
called Mr. Bloomberg's comments premature. "Only the Detectives
and Police Officer who fired their weapons can explain the circumstances
under which they took action, and they have not yet been heard," Mr.
Lynch said in a statement. "Premature statements made without
the benefit of all the facts only serve to inflame tensions and
prejudice the rights of those who are presumptively innocent."
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MICHAEL J. PALLADINO: 'Comments taint the case.' |
Mr. Bloomberg and Police Commissioner Raymond W. Kelly noted the
NYPD procedure governing shooting at the occupants of a moving
car. "The procedure is that you don't fire at a car if the
car is being used as a weapon," Mr. Bloomberg said. "Whether
or not the police had reason to believe that there was a gun involved,
I don't know."
Were Surveilling Club
The Nov. 25 incident occurred as a group of men attending a bachelor
party for Sean Bell exited the Kalua Cabaret in Jamaica, Queens
at 4 a.m. Seven officers were monitoring the strip club, investigating
alleged prostitution and drug use. According to Mr. Kelly, a plainclothes
officer inside the club heard one of the men say that he was going
to get his gun after an altercation.
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| PATRICK J. LYNCH: 'Mayor inflaming tensions.' |
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The officer then left to get his shield and retrieve his own gun, Mr. Kelly
said. The veteran cop followed the man and his friends on foot outside the
club and positioned himself in front of their Altima, authorities said. It
is unclear whether the undercover officer identified himself in front of the
car, which drove into the cop, who then opened fire at the three men inside.
Source of Conflict
Critics of the department said that the officer startled Mr. Bell,
who didn't realize it was an undercover Detective. Mr. Palladino,
however, said the officer was wearing his badge around his neck
and clearly identified himself.
Mr. Bell was killed in the shooting and two of his friends, Joseph
Guzman and Trent Benefield, were each shot multiple times from
the barrage of 50 rounds fired by the five officers.
The officers involved in the shooting have been placed on administrative
duty and have turned in their guns. Two other officers were a bit
further away and did not use their guns.
Mr. Bloomberg said that the city would re-examine its training
procedures, but he stressed that all officers receive instruction
in how to deal with difficult circumstances. "We have extensive
ongoing training, including training of what do you do in a situation
where it's nighttime and there are noises and no one knows what's
happening," he remarked.
Kelly Cites Restraint
Mr. Kelly noted that number of police shootings have increased
this year to 111 from 105 in 2005. But he downplayed that rise,
pointing out that it was still fewer than the level a decade ago. "We
have the lowest shooting ratio of police officers to citizens in
any major city in the country," Mr. Kelly added. "So
our officers have shown tremendous restraint over time when involved
in use-of-force incidents."
Mr. Bloomberg, however, called last week's incident "more
than deeply disturbing." But he asserted that it did not appear
to be racially motivated. "Nobody should think that for
one second this police department is going to do anything based
on race," he remarked. "We try to train our police officers
very carefully to act in the manner that all of us would want them
to, and by and large I think that they do."
He was flanked by a group of African-American elected officials
and community activists who attended the press conference held
at City Hall. Those officials included: U.S. Rep. Charles Rangel,
City Comptroller William C. Thompson, and City Councilwoman Leticia
James.
"The community is outraged, and I am, to put it mildly, deeply
disturbed," Mr. Bloomberg said. "But until we find
out exactly what happened, I don't want to prejudice the District
Attorney's case or any grand jury."

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