Burglary Suspect Is Killed With His Own Gun, Police Say

A suspected burglar was killed with his own gun as he was struggling with police in Midtown early yesterday, police officials said.

The man was apparently holding a gun that was encased inside a dark sock, and it discharged as police officers were wrestling with him in a small room on the rooftop of a building, according to an account by a police source. The man was hit in the head once and died soon after.

Officials said police responded to a call from a commercial high-rise at around 3:30 a.m. yesterday after an employee noticed a suspicious person entering the building at 30 E. 40th St. Three police officers, including a sergeant and a lieutenant, followed the suspect to the roof, where they found him trying to hide by lying flat against a skylight. After noticing them, the man attempted to escape by crawling through a window into a room above the building's elevator shaft. The sergeant and lieutenant followed.

Inside the room, the man hid on a platform behind the elevator machinery. As the lieutenant was grabbing for him, the sergeant circled around behind the man, a police source said. The sergeant noticed what he believed was a gun in the suspect's hand, the source said, and then hit the man with his radio.

As the man turned to face the sergeant, the gun, a Hi-Point 9 mm, went off, according to the source's account.

Police were working to identify the man, who they said was in his 30s. On the roof near the elevator room, officials said they found two bags containing three laptops, a hacksaw, and a length of thick cord.

The man was wearing several layers of clothing, including two pair of pants and latex gloves. Leather gloves, a black shirt, and a dark hooded sweatshirt were found discarded nearby.

The police officers sustained only minor injuries and will be questioned by the district attorney's office.