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Shooting 'unacceptable'
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Newsday Staff Writer
November 28, 2006
Mayor Michael Bloomberg called the 50 shots fired by cops involved
in the Queens strip club shooting that killed an unarmed man on
his wedding day "excessive and unacceptable" yesterday.
Flanked by most of the two dozen community leaders with whom he
had just met, Bloomberg went out of his way to note that the investigation
is far from over and that he supports Police Commissioner Raymond
Kelly.
But in saying the dead man, Sean Bell, 23, and two friends who
were shot and wounded had done nothing wrong, he appeared to be
at odds with police accounts that one of the victims, Joseph Guzman,
31, had left the club to get a gun. No gun was found. And while
police sources say there is no evidence to indicate the shooting
victims had a gun, police have still not ruled out the possibility
a fourth person may have fled the scene with a gun. They also said
that Guzman, an ex-convict who according to state records served
time in prison for drug possession, weapons possession and robbery,
may have planned to get a gun elsewhere, then return to the club.
Bloomberg's comments followed a morning meeting at City Hall in
which he and Kelly talked with a number of noted activists and
politicians from Jamaica, including the Rev. Al Sharpton and Rep.
Charles Rangel.
"It's hard to understand - and keep in mind I was not there
at the time - why shots should be fired," Bloomberg said. "To
me, that sounds excessive and unacceptable."
But New York PBA president Patrick J. Lynch said the mayor's comments
were "premature and not based on a full and proper investigation.
"Premature statements made without the benefit of all of the
facts only serve to inflame tensions and prejudice the rights of
those who are presumptively innocent," Lynch added.
The shots were fired within 10 to 15 seconds, police sources said,
adding that it would appear to be a violation of the training police
officers received.
Kelly said officers are told that in incidents in which they shoot
their weapons they should assess the situation after firing three
times.
But one officer, a 12-year veteran, fired 31 times from his 9-mm
pistol, meaning he emptied the gun's magazine and then reloaded.
The officers - one Hispanic, two black and two white - have been
placed on desk duty and stripped of their guns. Four of them are
detectives and one is an officer. The Queens district attorney's
office is expected to present the case to a grand jury, law enforcement
sources said.
The shooting, to some community leaders is likened to the Bronx
death of Amadou Diallo at the hands of four cops from the Street
Crime Unit in 1999, occurred after a night of celebration at Kalua
Cabaret in Jamaica.
The notorious strip club was shut down for several months last
year under terms of the Nuisance Abatement Act and police recently
made arrests there for prostitution and drug sales.
Two undercover officers who left their badges and guns in an unmarked
car stepped past security guards and into the club at 12:40 a.m.
Sunday to look for criminal activity, police said.
Bell, a deliveryman and father of two, who was set to marry later
that day was there with seven friends.
What happened next is still not entirely clear.
The Queens district attorney's office, in a routine move, has asked
the New York Police Department not to interview the cops who fired
their weapons until its investigation is complete.
Queens District Attorney Richard Brown said in a statement, "I
will reach no conclusions until the investigation is complete.
There will be no rush to judgment."
The two detectives involved who did not fire their weapons have
been interviewed. But one was a block away when shots were fired
and the other, a lieutenant, was taking cover at the time and did
not see much, police said.
There were likely a number of other witnesses, sources said, but
many ran off. Police sources said that video tape from a security
camera inside the club, shows a number of patrons entering and
exiting the club. Police plan to try and track down as many people
as possible in an effort to find witnesses who may have fled after
the shooting.
Those who have been interviewed include Guzman and the other shooting
victim, Trent Benefield, 23, each of whom had been drinking fairly
heavily, sources said.
Police do believe, however, that the shooting was set in motion
when one of the undercover officers saw a bouncer in a white baseball
cap approach a woman, possibly a dancer at the club, tell her he
was aware of some problems she had earlier with some men. The bouncer
patted his waistband to indicate he was carrying a gun.
After calling other officers on his cell phone, the undercover
officer left the club, sources said, and saw an argument between
two groups of men, one of them including Bell and his friends.
Guzman at that point was heard telling his friends he wanted to
get his gun, police said.
At the same time, back-up police officers raced to the scene and
the undercover officers, who had left their guns in an unmarked
police car because club security searches for weapons, were retrieving
their weapons.
One of the undercover officers, a detective, got in front of Bell's
car to stop him from driving off.
It is not clear if he identified himself as an officer - two police
sources said he did, but police officials have not yet determined
if that was the case.
Either way, Bell hit the gas and struck the police officer, then
twice struck a police minivan.
The NYPD Patrol Guide prohibits officers from firing at a car if
no other weapon is being used by the suspect - but there are exceptions,
sources said. If the undercover officers believe that Guzman had
a gun, that would seem to provide the reason to fire at the car,
sources said.
The undercover officer fired 11 times, police said and gunfire
was quickly followed by shots from four colleagues.
Bell, struck in the neck and arm, died at the scene.
Benefield, hit in the leg and buttocks, is in stable condition
at Mary Immaculate Hospital. Guzman, shot at least 11 times along
his right side, was in critical, but stable condition at the same
hospital.
The undercover officer who did not fire his weapon had two beers,
the amount allowed, as police want undercover officers to blend
into their surroundings, but remain fit for duty, police said.
It is not clear if the undercover officer who fired his weapon
had been drinking.
Q & A
Why are so many details about the shooting
still unclear?
Any time there is a police shooting, the district attorney's office
investigating the incident asks the NYPD not to interview the cops
involved until after it completes its probe.
Can police shoot at a moving vehicle?
The NYPD patrol specifically prohibits this "unless deadly
physical force is being used against the police officer or another
person present by means other than a motor vehicle." The undercover
officer who first fired said he heard one of the shooting victims,
Joseph Guzman, say he was going to get his gun. No gun was found
in the car in which Guzman was riding, but his statement, police
sources said, could provide the justification for the officer opening
fire.
Did the shooting victims have a weapon?
No gun has been found, though police have not ruled out the possibility
that a man seen running from the scene may have been with the three
men who were shot. Guzman also was heard outside the club saying
he was going to get his gun.
Were the undercovers investigating Sean Bell, the
man shot and killed?
No. Two undercover detectives were at Kalua Cabaret as part of
a crackdown on illegal activity at nightclubs. The club had been
shut down for several months last year. Since reopening, there
have been prostitution arrests at the club. Last Tuesday, police
said, a drug dealer was arrested inside the club. The undercover
detectives left their badges and guns inside an unmarked police
car, then retrieved their guns when it appeared there might be
trouble brewing outside the club.
Were the undercover detectives inside Kalua Cabaret
drinking?
Undercover officers are allowed to have two alcoholic beverages
in an effort to blend in. There were two undercover detectives
inside the strip club. The one who did not fire his weapon had
two beers. The other undercover detective, it is believed, also
had two drinks. An assistant chief after the shooting deemed both
of them fit for duty.
What happens next?
The Queens DA will present the case to a grand jury, possibly this
week. Detectives, meanwhile, will continue searching for witnesses
who may have fled the scene. Guzman was interviewed briefly the
first day. Detectives also may try to re-interview him, though
it is possible his lawyer would prevent that.
The timeline
12:40 a.m. - Two undercover
detectives slip in to Kalua Cabaret in Jamaica. They leave their
badges and guns in their unmarked police car to avoid being identified
as cops by security guards.
Sean Bell, a 23-year-old deliveryman, is hours away from marrying
the mother of his two children. He is at the club for his bachelor
party with seven other friends.
3 a.m. - One of the detectives grows concerned after he sees a
bouncer assure a woman, possibly a dancer, that he is aware of
an argument she had had with a group of men. The bouncer pats his
waistband, suggesting he is armed. The detectives calls for assistance.
3:50 a.m. - 3:55 a.m. - The undercover officer, now outside the
club, sees two groups of men, one including Sean Bell, involved
in an argument. Bell's friend, Joseph Guzman, is overheard talking
about plans to get a gun.
3:55 - 3:39 a.m. - Bell and his friends, Guzman and Trent Benefield,
head down Liverpool Street. There may have been a fourth man walking
with them. One of the undercover officers, on the west side of
Liverpool, is following the friends on foot and nods at a lieutenant
driving by indicating that Bell and his friends are the ones who
might have a gun.
4 a.m. - The undercover gets in front of Bell's Altima. Bell hits
the gas, striking the officer, then slams into an unmarked police
van, police said. Bell puts his car in reverse and slams into a
security gate, then strikes the van a second time. By now, the
undercover has opened fire, joined by cops who were in the van.
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