NYPD Shooting - Brooklyn

[everybodygoes 331]

Good luck if you are the guy before a grand jury and you shoot someone who is using a car as to what you think is a weapon, these NYC DA's offices could give a s*** less that you are the one with your life on the line. Like I said before, just ask the guys in the Bell case.

[grumpyff 1,159]

The way my law instructor in the academy described a situation like this: Under the NYS Penal Law an officer shooting someone who is using a car as a weapon will be justified, however you have violated the NYPD's Patrol Guide. The attitude of the city is you can move out of the way. That and it is too crowded to now have a moving car with a dead driver. The result: you will not be criminally convicted, but the City of New York will most likely not imdennify the officer, and he will most likely be fired.

[ny10570 745]

Grumpy, that is if you are abke to move out if the way. If you are entangled with the driver would you expect to be fully exonerated? There was an officer in the Bronx a few years ago I believe with the auto task force that killled a suspect. The perp pinned the officer or their partner between parked cars. If i'm remembering this correctly was that officer at least exonerated?

[10512 214]

Several posters have written post that point out that NYS law and NYPD differ when it comes to firing upon a vehicle. While this is true, it may not apply in this case.

This may not have been a case of firing on an occupied vehicle. In reading some of the stories about this incident, it appears it is possible this may have been an accidental discharge while stuggling inside the vehicle with a perp.

If that is the case, the discussion regarding firing on a moving vehicle is mute.

Edited June 18, 2012 by 10512

[islander 27]

The way my law instructor in the academy described a situation like this: Under the NYS Penal Law an officer shooting someone who is using a car as a weapon will be justified, however you have violated the NYPD's Patrol Guide. The attitude of the city is you can move out of the way. That and it is too crowded to now have a moving car with a dead driver. The result: you will not be criminally convicted, but the City of New York will most likely not imdennify the officer, and he will most likely be fired.

Unless someone in the car is using some other form of DPF besides the vehicle against the MOS or a third party. Which may have occurred here, we don't know yet. If not, as it's been stated, the officer may be in violation of the Patrol Guide and may not be indemnified and could be fired, but couldn't be criminally charged because he would be justified under PL article 35 and case law (Tennessee v. Garner).