Sean Bell shooting incident

Sean Bell shooting incident

Memorial to Sean Bell at the place of the shooting
Date November 25, 2006 (2006-11-25)
Location Jamaica, Queens, New York City
Deaths 1 (Sean Bell)
Suspect(s) Paul Headley
Michael Carey
Marc Cooper
Gescard Isnora
Michael Olive
Accused Paul Headley
Michael Carey
Marc Cooper
Gescard Isnora
Michael Olive
Charges Manslaughter, assault, reckless endangerment
Verdict All found not guilty
Litigation $3.25 million lawsuit filed by Sean Bell's family

The Sean Bell shooting incident took place in the New York City borough of Queens, New York, United States, on November 25, 2006, when three men were shot a total of fifty times by a team of both plainclothes and undercover NYPD officers, killing Sean Bell on the morning before his wedding, and severely wounding two of his friends, Trent Benefield and Joseph Guzman.[1] The incident sparked fierce criticism of the police from members of the public and drew comparisons to the 1999 killing of Amadou Diallo.[2] Three of the five detectives involved in the shooting went to trial[3] on charges of first and second-degree manslaughter, first and second-degree assault, and second-degree reckless endangerment, and were found not guilty.[4]

Background

Sean Bell was born on May 18, 1983. He was 23 at the time of his death.[5] He was a nephew of the current University of Tulsa basketball coach, Frank Haith.[6] He pitched baseball for John Adams High School in Ozone Park, and in his senior year he had an 11-0 record, with a 2.30 E.R.A. and 97 strikeouts in 62.2 innings. He also studied acting in Flushing, Queens.[7] Bell held odd jobs after the birth of his daughter, Jada, on December 16, 2002. His fiancee, Nicole Paultre, told Larry King that Bell was studying to be an electrician and was unemployed when the shooting occurred.[8]

Shooting incident

The night of his death, Bell was holding his bachelor party at Club Kalua, a strip club that was being investigated by undercover police over accusations that the owners fostered prostitution.[9] The New York Post reported that Joseph Guzman had an argument with a man outside the bar, and threatened to get a gun. One of Bell's friends reportedly said, "Yo, get my gun," as they left the club.[10] Thinking a shooting was about to take place, an African American plain-clothes officer named Gescard Isnora followed Bell and his companions. He alerted his backup team, who confronted Bell and his companions outside.[10] According to Isnora, he "held out his badge, identified himself as a police officer, and ordered the driver to stop."[11] Instead, Bell accelerated the car, striking Isnora, and then collided with an unmarked police minivan.[2] Isnora said he thought he saw Guzman reach for a gun. He yelled a warning to the other policemen and they opened fire on the car. Five policemen joined in, firing about 50 bullets into Bell's car.

Accounts of the event conflict with that provided by the police. According to Joseph Guzman, the plain clothes detectives never identified themselves when they approached with drawn weapons.[12] New York Daily News reported that the officers failed to warn Bell before opening fire, beginning to shoot as soon as they left their cars.[13] A toxicology report showed that Bell was legally intoxicated at the time he was shot. An attorney for Bell's family replied, "No matter what his blood-alcohol level was, he's a victim." [14]

Isnora, the policeman who initiated the shooting, claimed later that he saw a fourth man in the car, who fled the scene, possibly with the alleged weapon. One of Bell's friends, Jean Nelson, was speculated to have been the fourth man. Nelson admitted he was present, but denied being in the car or having a weapon.[15][16] Critics suggest that Isnora invented the fourth man to justify the shooting and avoid conviction by a public jury.[15] New York Daily News columnist Juan Gonzalez reported that in the hours immediately after the shooting, there was no mention of a fourth man in police calls and no search was launched for an allegedly armed man. This contradicts claims that the police searched the neighborhood for the missing man.[17] According to The New York Times, a preliminary police report said:

"... there was no meaningful discussion of a fourth man, a mysterious figure who some in the Police Department have suggested may have been present along with the three men who were shot. None of the witnesses whose accounts are in the report speaks of someone who may have fled — perhaps possessing a gun — and there are no indications that the police at the time were seeking anyone who may have left the scene."[18]

According to Michael Palladino, head of the police detectives union, a man working as a janitor in a nearby building told the detectives that he had seen a black man fleeing the scene, and that the man had fired at least once at the police. The janitor claimed he had then heard a detective shouting "police, police." However, ballistic evidence showed no evidence of any weapon having been fired except those of the officers.[19]

In an interview on Larry King Live, Al Sharpton, accompanied by Paultre, stated that according to his conversations with eyewitnesses, none of the three men mentioned a gun while leaving the club. Sharpton also said that it would have been impossible for anyone in the car to have heard the police, and said they were likely to fear they were being car-jacked.[8] However, several of the witnesses were paid by Sharpton. The NYPD Detectives union and others complained that the payments brought into question the witnesses' credibility. Sharpton replied, "How can [the Detectives Endowment Association] support the detectives and I can't support the victims?"[20]

Five of the seven officers took part in the shooting. Detective Paul Headley fired one shot, Officer Michael Carey fired three times, Officer Marc Cooper four, Officer Gescard Isnora eleven, and veteran officer Michael Oliver emptied two full magazines, firing 31 times with a 9mm handgun, pausing to reload at least once.[21][22][23][24]

An autopsy showed that Bell was struck four times in the neck and torso.[25] Guzman was shot 19 times[26] Benefield, who was in the back seat, was hit three times. Both men were taken to Mary Immaculate Hospital. Guzman was listed in critical condition and Benefield was in stable condition. Both survived the shooting.[21] Benefield was released from the hospital on December 5, 2006,[27] while Guzman was released on January 25, 2007.[28] Surveillance cameras at the Port Authority's Jamaica AirTrain station a half block away from the shooting site recorded one of the bullets shattering the station's glass window, narrowly missing a bystander and two Port Authority patrolmen standing on the elevated platform.[17][29]

Response to the shooting

New York City mayor Michael Bloomberg has said "it sounds to me like excessive force was used,"[30] and has called the shooting "inexplicable" and "unacceptable".[31] Ex-New York governor George E. Pataki has also stated that the shooting was excessive.[31] Kelly has put the five officers involved on paid administrative leave and stripped them of their weapons, a move the New York Times called "forceful".[31] He told the Times that the officers were stripped of their guns because "there were, and are, too many unanswered questions."[31] Both Bloomberg and Kelly have also noted that the shooting was possibly in violation of department guidelines prohibiting shooting at a moving vehicle, even if the vehicle is being used as a weapon.[32] The Public Advocate extended condolences to Bell's former fiancée and family following the killing.[33]

Sean Bell Protester
Interview of Sean Bell protester

Thousands of people took to the streets to protest against the amount of force used the weekend following Bell's death with protests continuing into the following week.[34][35]

Some have noted the similarity between the incident and past shootings of unarmed people, such as Amadou Diallo and Ousmane Zongo.[2][36] The family has designated Al Sharpton as their advisor.[31]

On December 7, 2006, Nicole Paultre legally changed her name to Nicole Paultre Bell to "honor the memory" of Sean Bell.[37] New York State laws require a couple to obtain a marriage license prior to a wedding, and "although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued."[38] According to Nicole Paultre's attorney, a posthumous wedding was impossible since no marriage license had yet been signed.[37]

On March 5, 2007, it was announced that a Rikers Island inmate offered to pay an undercover police officer posing as a hitman to behead New York City police commissioner Raymond Kelly and bomb police headquarters in retaliation for the incident.[39][40]

On March 25, 2007, New York Daily News reported that an unnamed Queens drug dealer, after being arrested, alleged that Sean Bell had shot him the previous year on July 13, 2006, over a drug turf dispute. Police sources called the drug dealer's account credible, but could not rule out the possibility of the drug dealer falsely identifying Sean Bell to garner favor with authorities. The attorney representing the Bell family, Nicole Paultre, and the two other occupants of the vehicle who were wounded during the shooting, denounced this development, saying, "We expected them to throw dirt at us and they are throwing dirt at us." NYPD Internal Affairs Bureau detectives say the dealer's tale has no direct bearing on the police shooting of Bell, though some legal experts said that it could help the defense by portraying Sean Bell as possibly armed and dangerous.[41]

Investigation and case

Criminal indictment

At that time, some activists called for a special prosecutor in the case, but New York Governor Eliot Spitzer said he did not see the need for it.[27] Attorney General Andrew Cuomo promised to keep a watch on the criminal proceedings. The Queens district attorney's office interviewed over 100 witnesses and presented more than 500 exhibits to a grand jury.[42] An issue considered by the grand jury was the New York State Penal Code's description of circumstances under which a police officer can use deadly force: "The use of deadly physical force is necessary to defend the police officer or peace officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force."[43][44]

On March 16, 2007, three of the five police officers involved in the shooting were indicted by a grand jury. Officer Gescard Isnora, who fired the first shot, and Officer Michael Oliver, who fired 31 of the 50 shots, were charged with first and second-degree manslaughter, second-degree reckless endangerment and first and second-degree assault, while Detective Marc Cooper was charged with two counts of reckless endangerment.[42] All three detectives pleaded not guilty at the arraignment hearing on March 19, 2007. Detectives Isnora and Oliver were released on bail and Detective Cooper on his own recognizance.[42] Oliver and Isnora initially faced up to 25 years of prison for the charges.[45]

The Appellate Division of the Supreme Court, Second Department, denied a motion by the detectives' attorneys to move the trial to a venue outside of Queens. Following the adverse ruling, the detectives waived a jury trial and instead submitted to a bench trial.

The District Attorney Richard Brown has faced some criticism from activists who believe he did not question the police officers involved quickly enough.[46]

Trial and acquittal on all charges

On April 25, 2008, all three of the police officers indicted were acquitted on all counts. The defendants opted to have Justice Arthur J. Cooperman make a ruling rather than a jury. The ruling was handed down in a state supreme court in Queens.[47] (In New York, the trial-level courts are called "supreme" courts.)

A key defense forensic witness was Alexander Jason, a crime scene analyst and ballistics expert who disproved several of the prosecution's main points relating to the physical evidence. Among them was the timing of the incident. After doing tests with an NYPD pistol, Jason demonstrated that the 31 shots fired by one detective (Oliver) could have been done in about 12 seconds – not several minutes.[48] Using high speed video during ballistic testing, Jason demonstrated that bullets fired through a car window would project glass both inside and outside the car and that this could be interpreted as shots coming from inside.[49] Another of Jason's key points (mentioned in Judge Cooperman's written verdict[50]) was that the person in the back seat of Bell's car (Benefield) was not shot while he was running away as he claimed, but while inside the car. Jason used computer generated 3D models to display some of his findings.[51]

In his ruling, Justice Cooperman stated that testimony by Guzman and Benefield did not make sense. He also cited the fact that they had a pending 50-million-dollar lawsuit against the city. After the ruling was made, the family, led by Sharpton and several others went to Bell's graveside in Port Washington, Long Island for a memorial service.

Although the officers were acquitted, the three of them and their commanding officer were fired or forced to resign on March 24, 2012.[52]

After acquittal

"Slowdown" protest

On May 7, 2008, Sharpton led a series of protests in New York City. Hundreds took to the streets in Manhattan and Brooklyn as part of the citywide "slowdown" effort led by Sharpton and his National Action Network. The crowd made its way to the streets, stopping the flow of traffic in many vital areas of the city. This led to police action, and the arrest of over 200 people, including Sharpton himself. Sharpton was arrested without incident at the base of the Brooklyn Bridge. Bell's parents, his former fiancée, Nicole Paultre Bell, and the two shooting victims who survived, Trent Benefield and Joseph Guzman, were also arrested.[53]

Civil case

On May 18, 2010, U.S. District Judge Sterling Johnson, Jr. of the United States District Court for the Eastern District of New York lifted a stay on the civil lawsuit brought by Nicole Paultre Bell against the City of New York. On July 27, 2010 a settlement was reached. New York City agreed to pay Sean Bell's family $3.25 million. Joseph Guzman, 34, who uses a cane and a leg brace and has four bullets lodged in his body and Trent Benefield, 26, two passengers in Bell's car who attended his bachelor party and were wounded in the shooting, were to receive $3 million and $900,000 respectively in the settlement, for a total of $7.15 million. Paultre Bell said "I believe the settlement is fair, but the most important thing is that our fight, my fight, doesn't end here. No amount of money can provide closure." New York City Corporation Counsel stated "The city regrets the loss of life in this tragic case and we share our deepest condolences with the Bell family." The head of the New York City Detectives Endowment Association said he thought the settlement was a joke. "The detectives were exonerated . . . and now the taxpayer is on the hook for $7 million and the attorneys are in line to get $2 million without suffering a scratch." Guzman said the settlement did not change the underlying reality that the lives of black and Hispanic men were not worth much in New York; he said that the incident was bound to be repeated.[54][55]

NYPD edits to Wikipedia article

On March 13, 2015, Capital New York and other news organizations reported that 50 of the 15,000 IP addresses belonging to the NYPD were associated with edits, dating back to 2006, to English Wikipedia articles, including the article on the Sean Bell shooting incident. These IP addresses geolocate to NYPD headquarters at 1 Police Plaza. Detective Cheryl Crispin, a NYPD spokeswoman, said that "the matter is under internal review."[56][57][58][59]

Tributes

The Nicole Paultre Bell "When It's Real, It's Forever" non-profit organization was started in memory of Sean Bell. Rappers David Banner, Nicki Minaj, Prodigy, Immortal Technique and the Jamaica, Queens-based rap group G-Unit, The Game and Chamillionaire have each referenced the Sean Bell case in one of their songs. G-Unit dedicated the opening track to their T.O.S: Terminate on Sight album to Sean Bell and also paid tribute to him in the thank-you section of the liner notes. Nicki Minaj dedicated part of her verse New York Minute to Sean Bell "There's gotta be a heaven cause Sean Bell will never get to make it to his wedding." Chamillionaire referenced the case on the Mixtape Messiah 2 disc at the end of the song "Ridin' Overseas"[60] (featuring Akon) where he says, "Rest in peace to Sean Bell, Chamillitary man". The Game dedicated the controversial song "911 is a joke"[61] to Sean Bell. The Game dedicated the song "My Life" to Sean Bell as well. Pharoahe Monch's cover of the Public Enemy (band) song "Welcome to the Terrordome" includes a reference to Sean Bell as well as Amadou Diallo and Timothy Stansbury in the introduction.

Swizz Beatz, Cassidy, Maino, Styles P, Talib Kweli, Red Cafe & Drag-On recorded a song entitled "Stand Up (The Sean Bell Tribute Song)" in which they share their thoughts on the Sean Bell shooting.[62]

Rapper Jay Z set up a trust fund for the children of Sean Bell.[63]

Sean Bell Way

The New York City Council voted to designate Liverpool Street from 94th to 101st Avenues in Queens as "Sean Bell Way" in his memory. The naming ceremony took place on May 18, 2010.[64][65][66]40°41′54″N 73°48′31″W / 40.6983°N 73.8085°W / 40.6983; -73.8085 (Sean Bell Way)

See also

References

  1. ↑ Fernandez, Manny (April 27, 2008). "In Bell Case, Black New Yorkers See Nuances That Temper Rage". The New York Times. Retrieved May 1, 2008.
  2. 1 2 3 C. Buckley, W.K. Rashbaum. "A Day After a Fatal Shooting, Questions, Mourning and Protest." The New York Times, November 27, 2006
  3. ↑ A. Baker, 50-Shot Barrage Leads to Charges for 3 Detectives, The New York Times, March 17, 2007.
  4. ↑ Not Guilty: Detectives Charged In Sean Bell Shooting Acquitted On All Counts, NY1 News, April 25, 2008
  5. ↑ "Sean Bell". New York. The New York Times. December 1, 2011. Retrieved October 22, 2015.
  6. ↑ "Bloomberg meets with family of shooting victim at their church". New York. Associated Press. November 27, 2006. Archived from the original on January 24, 2007. Retrieved November 27, 2006.
  7. ↑ Carrie Melago, "Drama Teacher Recalls Bell had His Act Together," New York Daily News," December 16, 2006, p. 6
  8. 1 2 Transcript from Larry King Live interview with Nicole Paultre and Al Sharpton. CNN, Aired December 4, 2006. Retrieved December 5, 2006.
  9. ↑ For Owners of Club in Police Shooting Case, Years of Raids and Suits, December 3, 2006.
  10. 1 2 Weiss, Murray (November 7, 2006). "10 Seconds of Hell in Queens". New York Post. p. 3. Retrieved July 29, 2013.
  11. ↑ Heather Mac Donald. Time for the Truth About Black Crime Rates, City Journal, April 2, 2007
  12. ↑ Pal of Sean begs, 'No violence' at the Wayback Machine (archived January 26, 2007), New York Daily News, December 5, 2006
  13. ↑ "Mayor says 'excessive force' used in stag party shooting", Irish Examiner, November 27, 2006. Retrieved on November 30, 2006.
  14. ↑ Officials: Police shooting victim was intoxicated behind wheel Associated Press, December 22, 2006. Retrieved on April 25, 2008.
  15. 1 2 Associated Press, "Man Denies Being Figure in NYC Shooting". The New York Times. December 12, 2006. Retrieved December 12, 2006.
  16. ↑ Juan Gonzalez "Fourth Man: My Story," New York Daily News, December 15, 2006
  17. 1 2 J. Gonzalez, "No dragnet for 'fourth man'", New York Daily News, December 12, 2006. Retrieved December 14, 2006.
  18. ↑ W.K. Rashbaum, A. Baker, "50 Bullets, One Dead, and Many Questions". The New York Times, 11 December 2006. Retrieved 12 December 2006.
  19. ↑ Surprise Witness Testifies Before Grand Jury In Bell Case, NY1 News, March 15, 2007.
  20. ↑ "Rev. Al in Tax Deal". New York Post. Retrieved February 28, 2008.
  21. 1 2 "Police fire 50 rounds, kill groom on day of wedding", CNN, November 26, 2006.
  22. ↑ For 5 Officers, No Shots Fired for Years, and Then 50 at Once The New York Times. November 29, 2006.
  23. ↑ Two Officers Speak to Grand Jury On Killing of Unarmed Black Man The New York Times. March 6, 2007.
  24. ↑ Undercover Detective Who Fired First Shot Testifies in Police Killing in Queens The New York Times. March 8, 2007.
  25. ↑ Stacey Francisco, Terry Frieden and Ellen Rose (November 29, 2006). N.Y. mayor meets with dead groom's family. CNN
  26. ↑ "Doctor Tells of a 19-Gunshot-Wound Survivor". The New York Times. April 2, 2008.
  27. 1 2 "Man Wounded in Queens Shooting Leaves the Hospital". The New York Times. December 6, 2006.
  28. ↑ "N.Y. police shooting survivor recalls friend's last words". CNN. January 25, 2007.
  29. ↑ Democracy Now, Report on AirTran station surveillance videos, December 14, 2006.
  30. ↑ J. Holusha, D. Cardwell. "Mayor Says Shooting Was "Excessive." New York Times, November 27, 2006. Retrieved on November 27, 2006
  31. 1 2 3 4 5 "Police Commissioner Looks Ahead, and Back". New York Times. November 30, 2006.
  32. ↑ Baker, Al (November 30, 2006). "Police Statements Vary on Firing at a Vehicle". New York Times. Retrieved May 15, 2008.
  33. ↑ "Residents Need Answers on Tragic Queens Shooting". Public Advocate for the City of New York Newsletter. December 4, 2006.
  34. ↑ A. Gendar, S. Schifrel, B. Huthinson. "Anger in street". New York Daily News, November 27, 2006. Retrieved on November 27, 2006
  35. ↑ "Heart of Darkness: Pursuing Justice and Keeping Sean Bell's Memory Alive". The Indypendent, January 10, 2007.
  36. ↑ "50 Shots Fired, and the Experts Offer a Theory". The New York Times. November 27, 2006.
  37. 1 2 "Fiancé of Man Killed by Police Takes His Name". New York Times. December 8, 2006.
  38. ↑ "Getting Married in New York State". New York State Department of Health.
  39. ↑ "Kelly hit plan foiled". Newsday, March 6, 2007.
  40. ↑ "Lawyer: 'Ill' Man Allegedly Targeted NYPD Commish". WCBS-TV. March 6, 2007
  41. ↑ "Dealer: I was shot by Bell". New York Daily News. March 27, 2007.
  42. 1 2 3 "E. Barry and C. Moynihan, Three Detectives Plead Not Guilty in 50-Shot Killing". The New York Times. March 20, 2007.
  43. ↑ "Law gives narrow OK to shoot if 'necessary'". New York Post. March 17, 2007.
  44. ↑ "New York State Penal Law, Section 35.30, subdivision 1-c".
  45. ↑ Cops faces 25 yrs. for their 42 shots, New York Daily News, March 20, 2007.
  46. ↑ "District Attorney Stalls on Interviewing Shooter Cops". The Indypendent. January 10, 2007.
  47. ↑ Officers Acquitted in Sean Bell Case, Tell Me More, National Public Radio, April 25, 2008
  48. ↑ "Acquittals in groom's shooting spark outrage - CNN.com". CNN. April 25, 2008. Retrieved May 23, 2010.
  49. ↑ Wilson, Michael (April 7, 2008). "Glass ‘Blowback' May Have Confused Police, Crime Expert Says". The New York Times. Retrieved May 23, 2010.
  50. ↑ Archived May 7, 2009, at the Wayback Machine.
  51. ↑ Wilson, Michael (April 9, 2008). "Final Defense Witnesses Testify in Sean Bell Case". The New York Times. Retrieved May 23, 2010.
  52. ↑ "NYPD forces out four officers in Sean Bell shooting". Reuters. March 25, 2012.
  53. ↑ "Al Sharpton Found Guilty On Charges Related To May Protest In New York". Digitaljournal.com. October 9, 2008. Retrieved October 28, 2013.
  54. ↑ Pilkington, Ed (July 28, 2010). "$7m payout in New York shooting case". The Guardian (London).
  55. ↑ $7.2M settlement in Sean Bell wrongful-death case Newsday July 28, 2010. Also attorney Peter St.George Davis is not broke and evicted from his law office.
  56. ↑ Oh, Inae (March 13, 2015). "The NYPD Is Editing the Wikipedia Pages of Eric Garner, Sean Bell". Mother Jones.
  57. ↑ Ben Mathis-Lilley (2015-03-13). "Edits of Wikipedia Pages for Eric Garner, Stop-and-Frisk Were Made From NYPD Headquarters". Slate magazine. Retrieved 2015-03-14. Wikipedia pages about Eric Garner, Sean Bell, and Amadou Diallo—unarmed men who were controversially killed by New York Police Department officers—have been edited in NYPD-friendly ways from the organization’s headquarters at One Police Plaza in Manhattan, Capital New York reports:
  58. ↑ David Kravets (2015-03-13). "NYPD caught red-handed sanitizing police brutality Wikipedia entries: "Garner raised both his arms in the air" changed to "flailed his arms about."". Ars Technica. Retrieved 2015-01. This wouldn't be the first time we've seen nefarious alterations to Wikipedia entries, and it won't be the last. But the disclosure of NYPD's entries by Capital New York come as the Justice Department announced a national initiative for "building community trust and justice" with the nation's policing agencies. Check date values in: |access-date= (help)
  59. ↑ Kelly Weill (2015-03-13). "Edits to Wikipedia pages on Bell, Garner, Diallo traced to 1 Police Plaza". Capital New York. Retrieved 2015-03-13. Computer users identified by Capital as working on the NYPD headquarters' network have edited and attempted to delete Wikipedia entries for several well-known victims of police altercations, including entries for Eric Garner, Sean Bell, and Amadou Diallo. Capital identified 85 NYPD addresses that have edited Wikipedia, although it is unclear how many users were involved, as computers on the NYPD network can operate on the department’s range of IP addresses.
  60. ↑ riding over seas chammilionaire ft akon on YouTube
  61. ↑ "YouTube". YouTube. Retrieved October 28, 2013.
  62. ↑ The Making Of Stand Up: Sean Bell Tribute
  63. ↑ New York Times: Rapper Creates Trust for Sean Bell's children. May 3, 2008. Accessed February 16, 2015.
  64. ↑ Zraick, Karen (December 22, 2009). "Divided Council Renames Street After Sean Bell". The New York Times.
  65. ↑ Sulzberger, A. G. (May 18, 2010). "Sean Bell's Family Gets Good News on His Birthday". The New York Times.
  66. ↑ Barker, Cyril Josh (May 19, 2010). "Queens Street Renamed in Honor of Sean Bell". Amsterdam News.

Coordinates: 40°41′59″N 73°48′17″W / 40.69960°N 73.8048°W / 40.69960; -73.8048

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