November 16, 2004
A state appeals court has reinstated attempted-murder charges against a man accused of shooting a rookie police officer in the leg in 1999.
The Appellate Division of state Supreme Court overruled Justice Laura Blackburne, who threw out the charge two years ago, ruling that Queens prosecutors had taken too long to bring William Hodges to trial.
Blackburne had ruled that prosecutors had gone beyond the six months they were allowed to bring the case to trial.
But the appeals court ruled Monday that delays in the case -- many of which prosecutors said were caused by Hodges' own lawyers -- should not have counted against that time.
Officer David Gonzalez was shot during a scuffle at Hodges' apartment in the Jamaica section of Queens when his own gun fired and a bullet struck his leg.
Queens District Attorney Richard A. Brown said Hodges' prosecution would now move forward. He said the appeals decision averts "what would have otherwise been a gross miscarriage of justice."
Patrick Lynch, head of the Patrolmen's Benevolent Association, a police unit, said, "We won't rest until this would-be cop-killer gets all that he deserves."
Lawyers for Hodges could not immediately be reached.
Gonzalez, who is now a police detective, suffered permanent leg damage, Lynch said.