Friday, April 25, 2008

Verdict Reached In Sean Bell Shooting

The three police officers charged with manslaughter, reckless endangerment, and assault, have been found not guilty by a judge in a bench trial.
Justice Arthur Cooperman delivered the verdict in a Queens courtroom packed with spectators, including victim Sean Bell's fiancee and parents, as at least 200 people gathered outside the building.

The officers, complaining that pretrial publicity had unfairly painted them as cold-blooded killers, opted to have the judge decide the case rather than a jury.

Bell, a 23-year-old black man, was killed in a hail of gunfire outside a seedy strip club in Queens on Nov. 25, 2006 - his wedding day - as he was leaving his bachelor party with two friends.

Officers Michael Oliver, 36, and Gescard Isnora, 29, stood trial for manslaughter while Officer Marc Cooper, 40, was charged only with reckless endangerment. Two other shooters weren't charged. Oliver squeezed off 31 shots; Isnora fired 11 rounds; and Cooper shot four times.

A conviction on manslaughter could have brought up to 25 years in prison; the penalty for reckless endangerment, a misdemeanor, is a year behind bars.

The case brought back painful memories of other NYPD shootings, such as the 1999 shooting of Amadou Diallo - an African immigrant who was gunned down in a hail of 41 bullets by police officers who mistook his wallet for a gun. The acquittal of the officers in that case created a storm of protest, with hundreds arrested after taking to the streets in demonstration.

The mood surrounding this case has been muted by comparison, although Bell's fiancee, parents and their supporters, including the Rev. Al Sharpton, have held rallies demanding that the officers - two of whom are black - be held accountable.
Sharpton and others have said that if the officers were not found guilty that they'd consider taking the matter to the feds.

The Bell shooting was a most unfortunate situation and a tragic series of events led to the shootings.

I also fully expect that the Bell family will seek a civil trial against the officers and the City for millions in damages as is their right.

Some of Bell's supporters stormed out of the courtroom following the verdict.

Much of the testimony focused on whether the officers identified themselves, or whether they were justified in using deadly force. Eyewitness testimony was often contradictory:
The defense, through weeks of often heated cross-examinations, their own witnesses and the words of the detectives themselves, portrayed the shooting as the tragic end to a nonetheless justified confrontation, with Detective Isnora having what it called solid reasons to believe he was the only thing standing between Mr. Bell’s car and a drive-by shooting around the corner.

Several witnesses testified that they heard talk of guns in an argument between Mr. Bell and a stranger, Fabio Coicou, outside Kalua, an argument, the defense claimed, that was fueled by bravado and Mr. Bell’s intoxicated state. Defense lawyers pointed their fingers at Mr. Guzman, who, they said, in shouting for Mr. Bell to drive away when Detective Isnora approached, may have instigated his death.

Detective Isnora told grand jurors last year that he clipped his badge to his collar and drew his gun, shouting, “Police! Don’t move!” as he approached Mr. Bell’s Nissan Altima.

Other witnesses, mostly friends of Mr. Bell, said they never heard shouts of “Police!” Mr. Guzman and Mr. Benefield testified that they had no idea that Detective Guzman was a police officer when he walked up with his gun drawn.
UPDATE:
Live video from outside the courthouse in Queens.

UPDATE:
Gothamist has much more, including that the feds have apparently asked NYPD Commissioner to hold off on disciplinary actions until they've had a look at the case. Sharpton is likely to conduct a venting session on his radio show later today.

It would appear that the judge found the eyewitness testimony from Bell's friends unpersuasive and contradictory.

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