Pubdate: Wed, 17 Feb 2010
Source: New York Times (NY)
Page: A16 of the New York edition
Copyright: 2010 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Authors: Al Baker and John Eligon
Bookmark: http://www.mapinc.org/people/Sean+Bell

OFFICERS WON'T FACE FEDERAL CHARGES IN SEAN BELL KILLING

Citing insufficient evidence, federal authorities said Tuesday that
they would not bring a civil rights case against the New York City
police officers involved in the killing of Sean Bell, a 23-year-old
black man who was shot by the police outside a strip club in Queens on
his wedding day.

The decision by the Justice Department came after prosecutors and
federal agents reviewed the case, in which five police officers fired
50 shots into the Nissan Altima that Mr. Bell was driving. The car
struck a detective in the leg and hit a police van just before the
officers began firing their weapons.

Mr. Bell was killed and two passengers, Trent Benefield and Joseph
Guzman, were wounded. None of the men had guns, although the police
officers apparently believed at least one did.

In their review, officials from the Civil Rights Division of the
Justice Department, the United States attorney's office for the
Eastern District of New York and the Federal Bureau of Investigation
did not find enough evidence to prove that the officers had willfully
acted to deny the men their constitutional rights, according to a
statement from the Justice Department.

"Neither accident, mistake, fear, negligence, nor bad judgment is
sufficient to establish a federal criminal civil rights violation,"
the statement said.

Any disciplinary action now lies with the Police Department, whose
critics saw the shooting as an indictment of police training and the
department's use of deadly force.

The department can now pursue an administrative review of the case and
the officers involved. Seven officers, including four of the five who
shot at the car, have been internally charged with breaking
departmental rules.

Of the five who opened fire -- Detectives Gescard F. Isnora, Michael
Oliver, Marc Cooper and Paul Headley and Officer Michael Carey -- all
but Detective Headley remain on desk duty, with no gun and shield,
said Paul J. Browne, the department's chief spokesman. Lt. Gary
Napoli, the supervising officer that night, is also on desk duty, he
said, facing internal charges of failing to supervise the operation.

Two other officers, Detective Robert Knapp and Sgt. Hugh McNeil of the
Crime Scene Unit, were also charged internally, the detective with
failing to thoroughly process the crime scene and the sergeant with
failing to ensure that thorough processing was done.

If internal charges are substantiated, some of the officers could be
fired. Mr. Browne said that the police commissioner, Raymond W. Kelly,
would not comment on the matter because "he is the final arbiter" of
any punishment.

Detectives Isnora, Oliver and Cooper were acquitted by a Queens judge
in April 2008 of criminal charges. The two other officers who opened
fire were not charged criminally.

On Tuesday, federal officials met with Mr. Bell's family; his fiancee,
Nicole Paultre Bell; and others to tell them of their decision. Later,
many in the Bell family and their supporters expressed disappointment
in a news conference at the headquarters of the Rev. Al Sharpton's
National Action Network.

Ms. Paultre Bell said she hoped to get the attention of the White
House. "There is a history of black men being killed by police
officers, and something needs to be done," she said. "We're hoping to
eventually meet with President Obama, and that he'll do something,
because this is a national problem."

Michael Hardy, a lawyer for Ms. Paultre Bell and for Mr. Benefield and
Mr. Guzman, read a statement from Mr. Sharpton, who has been a
spokesman for the Bell family.

Using a cane and wearing a boot on his right foot, Mr. Guzman called
Mr. Bell "the people's champ" and asserted that police violence was
disproportionately affecting urban communities and black and Latino
men.

Lawyers for the officers involved expressed support for the
government's position.

Paul P. Martin, a lawyer for Detective Cooper, said he was not
surprised by it. "There's no basis for them to bring a federal
proceeding," Mr. Martin said.

Anthony L. Ricco, the lawyer for Detective Isnora, who was struck by
Mr. Bell's car and who fired the first shot, said he spoke with his
client, who was "very relieved."

The lawyer added that Detective Isnora was hopeful he would be cleared
of internal charges and that he hoped to attend law school.

Detective Oliver, who fired 31 shots, was told of the decision by his
lawyer, James J. Culleton. "I called him, and he was very relieved and
very happy," Mr. Culleton said. "It took a long time for this decision
to come down."

Michael J. Palladino, the president of the Detectives Endowment
Association, said he was "gratified" with the government's decision.

Mr. Benefield, Mr. Guzman and the family of Mr. Bell still intend to
move ahead with a civil lawsuit. Mr. Sharpton said he hoped that a
civil case, as well as possible departmental charges, would "bring
some justice" to Mr. Bell's family and his wounded friends.
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