Monday, March 26, 2007

And One Cop Shot Them All

The New York Post is reporting that the forensic tests have revealed that one cop was responsible for hitting all three victims in the Sean Bell incident.
The disclosure that NYPD Detective Gescard Isnora's 11 bullets apparently missed their mark means the victims - Bell, Joseph Guzman and Trent Benefield - were hit only by Detective Michael Oliver's shots, according to the indictments and sources close to the case.

Oliver, who, like Isnora, was charged with two counts of manslaughter, already faces the legal hurdle of explaining why he reloaded his gun, firing a total of 31 times during the perceived life-and-death shooting.

Ballistics linking Oliver to all three victims could be another burden for him at trial - although cops are instructed to fire until they believe a threat has ended.

Bell and Benefield were each hit three times. Guzman was hit 16 times. "Five or six bullets" remain in his body, said his lawyer, Sanford Rubenstein.

The fact that Isnora's shots seemingly hit nothing but air raises questions about the legal gymnastics employed by the grand jury that indicted him, Oliver and Detective Marc Cooper but allowed two others to go free.

At the heart of the issue is how the grand jury charged Isnora with manslaughter when it turns out that none of the traceable bullets removed from the victims came from his gun.
This raises questions that the grand jury didn't appear to address adequately. Isnora was charged with manslaughter despite the fact that none of his bullets struck anyone. You can be assured that his defense attorney will work that angle to the fullest. Oliver is in serious trouble as his bullets found the mark, including the fatal shots to Sean Bell, who was out celebrating his bachelor party on the night before he was supposed to get married.

Oliver will also have to explain his rationale for reloading his weapon and firing off 31 shots. That's going to be a tough task, and that also helps explain why Detective Marc Cooper has been pushing for a separate trial.

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