Cops Indicted
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NEW YORK (AP) – Three police officers charged in a 50-shot barrage that killed an unarmed bridegroom on his wedding day had their first encounter since the shooting with the victims and their families Monday in a packed, tension-filled courtroom.
The three officers, who fired 46 of the 50 shots, stood staunchly, hands clasped, throughout the 20-minute hearing as they pleaded not guilty in the shooting that killed 23-year-old Sean Bell and wounded two of his friends. The judge set bail for the two officers who fired the most shots, and released the other without bail.
Shooting victims Joseph Guzman, in a wheelchair, and Trent Benefield, using a crutch, attended with Nicole Paultre Bell, who was engaged to Bell and legally took his name after he died.
Queens District Attorney Richard Brown on Monday unsealed the indictment charging Detectives Michael Oliver, who fired 31 times, and Gescard Isnora, a decorated undercover who fired 11 times, with first-degree and second-degree manslaughter.
The detectives would face mandatory prison time – up to 25 years – if they are convicted of the top charges.
Mr. Oliver also was charged with endangerment for a bullet that smashed through the window of an occupied house. And a third officer, Detective Marc Cooper, was charged with a misdemeanor for a bullet that struck a train station across the street.
“This grand jury acted in the most responsible and conscientious fashion,” Mr. Brown said. “This was a case that was, I’m sure, not easy for them to resolve.”
The case renewed allegations that the NYPD is trigger-happy, and sparked protests by activists who say the department is too quick to judge black men harshly, a claim city officials deny. Bell was black, as are Messrs. Guzman and Benefield. Messrs. Cooper, 39, and Isnora, 28, are also black; Mr. Oliver, 35, is white.
Before the proceeding, Bell’s mother, wearing buttons with photographs of her son, leaned forward, bowed her head, closed her eyes and placed her hands together prayerfully. Bell’s father stared straight ahead. The family’s minister dabbed his eyes with a tissue.
The officers showed little emotion as they stood in the 300-seat courtroom, which was filled to capacity.
“He is visibly upset and shaken,” Mr. Oliver’s attorney, Jim Culleton, said afterward. “This is an indictment. It is proof of absolutely nothing. It’s merely an accusation.”
Paultre Bell and the surviving victims appeared before reporters outside court after the hearing, saying the arraignment is just one step in a long process.
“I want everyone to know that we lost somebody dear and we are going to fight all the way until we get justice,” said Mr. Guzman, who stood up from his wheelchair to reach a microphone. “This was not a victory. It’s hollow – that’s all it is.”
Bell, 23, was killed after his bachelor party at a strip club. Union representatives and lawyers for the officers have said their clients were convinced that Bell and his friends were going to retrieve a gun from his car to settle a dispute.
Two other policemen were not charged, but are on desk duty along with their supervisor amid an NYPD internal investigation.
“I believe this office and this grand jury got the results that were most appropriate,” said Mr. Brown.
“It falls short of what we want,” countered the Reverend Al Sharpton. “Clearly, all five officers should be charged; all officers acted in concert.”
State Supreme Court Justice Randall Eng set bail for Messrs. Oliver and Isnora at $250,000 bond, or $100,000 cash. Mr. Cooper was released without bail.
“He has given 17 years of his life to the NYPD, and to see him now as a defendant is very upsetting and disappointing,” said Mr. Cooper’s attorney, Paul Martin.
Mr. Brown said he would oppose any attempts to move the trial out of Queens. “This is where public opinion is equally divided, in my opinion. The jury should be representative of the diversity of this county.”
The trial that followed the police killing of unarmed African immigrant Amadou Diallo in 1999 was moved to Albany from New York City. The officers in that case were acquitted of criminal charges.
Asked whether he would consider a plea bargain, Mr. Brown said: “I don’t know if any offers were made by the attorneys.”
“We certainly would hope that they will not entertain in any way, shape or form a plea bargain in this case,” Reverend Sharpton said. “This case should be brought to trial and there ought to be a maximum prosecution and, we hope, conviction.”
Police Commissioner Raymond Kelly vowed Monday that the department will intensify training and community relations in response to the tensions created by the shooting.
“The Police Department will redouble its efforts to build the best possible relations with all of New York City’s diverse communities through continued improvements in police training, recruitment and community outreach,” he said in a statement.