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Politics

NYPD Cop Shoots Unarmed Man, Texts Union Rep Instead of Calling for Help

Anthony Fisher | 12.5.2014 4:49 PM

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Akai Gurley's daughter.
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Rookie NYPD cop Peter Liang texted his union representative and was "incommunicado for more than six and a half minutes" as Akai Gurley, the unarmed man he shot in the stairwell of a Brooklyn housing project, lay dying.

Liang had been holding his gun in one hand and a flashlight in the other as he entered an unlit stairwell when he was startled by the noise of Gurley and his girlfriend, Melissa Butler, entering the stairwell one floor below. Liang claims his gun accidentally discharged, sending a ricocheting bullet into Gurley's chest.

The New York Daily News reports that in the crucial minutes following the shooting, Liang and his partner did not try to get medical attention for the grievously wounded man and could not be reached by either their commanding officer or the 911 dispatcher who fielded a call from a neighbor reporting gunshots. 

It gets worse. Sources told the Daily News that the text messages revealed the officers didn't know the exact address of the building they were in, and that "Deputy Inspector Miguel Iglesias, then the head officer of the local housing command, ordered them not to carry out such patrols, known as verticals." Iglesias added, "I want a presence on the street, in the courtyards—and if they go into the buildings they were just supposed to check out the lobby."

After the shooting, Liang was described as "panicked" and "a crying mess," which is an understandable human reaction when you have just shot someone whose one false move was taking the stairs after growing impatient with waiting for a slow moving elevator. However, if Liang indeed texted his union representative rather than calling for help, that demonstrates a calculated awareness that he was in deep trouble and his first priority was saving himself.

The Daily News cites court insiders as saying "while the shooting may have been a mishap, the cops' subsequent conduct can amount to criminal liability." A lawyer for the Gurley family hopes the case is at least presented to a grand jury and as Reason's Brian Doherty noted, political pressure is mounting for Liang to be prosecuted. Brooklyn District Attorney Kenneth Thompson has promised "an immediate, fair and thorough investigation."

In the meantime, Liang remains on "modified duty," protected from even an internal affairs investigation unless the D.A. presses charges against him. In a post earlier today, Reason's Ed Krayewski wrote about how police unions, like all public sector unions, circle the wagons in a crisis even if it means defending bad employees:

They can be fired, but not always. Many police departments, including New York's, have generous job protections for police officers. These privileges, masquerading as "due process," protect bad cops. Defenders of public unions say it isn't fair to fire a public employee merely for the appearance of impropriety, bias, or even corruption and criminality.

Serious police reform will require the cooperation of police unions, but Republicans generally refuse to take them on, lest they appear out of step with their "law and order" base, and many Democrats would rather avoid being seen as opponents of any public sector union. 

In a scathing piece on the police lobby at Vice, occasional Reason contributor Michael Tracey wrote:

What if their overriding mantras were something along the lines of "serve the community" instead of "get home from your shift alive"?

The only way to change this is through difficult, tedious governmental reform—not fancy speeches or racial sensitivity seminars—and the police lobby will ferociously oppose such efforts at every step.

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NEXT: Gang Rape Story's Credibility Blasted, Garner Grand Jury Denied Options, Supreme Court to Consider First Amendment and License Plates: P.M. Links

Anthony Fisher
PoliticsReasontvCivil LibertiesPolicyNYPDPolice AbusePublic UnionsNew York CityCriminal Justice
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  1. R C Dean   11 years ago

    The Daily News cites court insiders as saying “while the shooting may have been a mishap,

    Its not a “mishap”. Its criminal negligence, at an absolute minimum. He fired his gun negligently, and someone died. There’s no police privilege available to him: he wasn’t chasing a suspected criminal, he wasn’t making an arrest.

    He just shot a guy, maybe even accidentally.

    I’ll be interested to see if there really was a ricochet. There will be physical evidence of it, if it really happened, and no way it happens without leaving a mark. I’m guessing that he fired at a silhouette as the light came in from the hallway, myself, as I think its much more likely than a random ricochet.

    1. Zeb   11 years ago

      This will be an interesting test of just how deferential the courts and prosecutors (and grand juries) are to cops. At best he was a negligent idiot walking around with his finger on the trigger and no good reason and should be charged with negligent homicide, or whatever the charge would be for any normal person who killed someone by being stupid with a gun.

      1. Agammamon   11 years ago

        Finger on the trigger *and* gun drawn with no threat.

        1. Karl Hungus   11 years ago

          I was reading up on this story on another site, and in comments, some badge bunny was claiming that the NYPD officers are trained to keep their finger on the trigger while their weapons are drawn. I wonder if this is true?

          1. HeteroPatriarch   11 years ago

            Well, that’s as reliable as “Jackie,” so I believe it.

          2. Gray Ghost   11 years ago

            NYPD officers are trained to keep their finger on the trigger while their weapons are drawn.

            I can’t think of a better way to give your self a case of Glock leg. Even with those abortions called the NY trigger that they used to carry.

            This is manslaughter if just about anyone else not a cop did this.

          3. GamerFromJump   11 years ago

            Maybe in the 70s. Now, even on TV (hardly a paragon of showing responsible gun use), carrying an unholstered gun is depicted with finger outside guard, as it should be.

    2. ATXChappy   11 years ago

      Agreed. A ricochet hitting center mass seems highly unlikely. It sounds more like a well placed shot to me. But, I guess it’s possible. Statistically unlikely, but possible.

    3. CE   11 years ago

      He didn’t “fire his gun”. The gun “discharged”.

    4. robc   11 years ago

      Modern firearms don’t accidently discharge. He pulled the trigger.

    5. Gray Ghost   11 years ago

      He had the pistol drawn, finger on the trigger, and looked to where Gurley entered the landing below him. Hands follow eyes, so too did the pistol, and startle reflex ensured that idiot pulled the trigger while pointing the gun at Gurley. Reckless disregard for prudent, reasonable police firearms use. And no effort at all to mitigate damage.

      Again, you or I do this, we get popped for manslaughter. Assuming the DA’s office doesn’t read enough intent into our recklessness to make it depraved indifference to human life. Which is Murder 2.

  2. R C Dean   11 years ago

    Serious police reform will require the cooperation elimination of police unions,

    Really, you think police unions are ever going to be anything other than a roadblock to holding cops accountable?

  3. Fist of Etiquette   11 years ago

    I must have misread an earlier account. I thought the cop at first didn’t realize the ricochet hit anything and was just worried about the probable fallout from the accidental discharge of his weapon.

    1. R C Dean   11 years ago

      I can’t believe he didn’t know immediately he had shot someone. Even if the dead guy went down immediately and silently, he was with his girlfriend, and I can’t believe she said and did nothing at all.

      1. Fist of Etiquette   11 years ago

        You’re probably right. The account I believe said they realized it when they found her sobbing over the boyfriend. It might have just been the impression that stuck in my mind rather than the actual narrative.

      2. Stormy Dragon   11 years ago

        If the cops just shot your boyfriend for no reason, would you really want to try and attract their attention to the fact you’re also there and have not been shot yet?

        1. R C Dean   11 years ago

          You’d have to be one stone cold motherfucker to be standing with someone who is shot completely at random, and not make a sound.

          Nah. He knew, even if it was an accidental ricochet, he knew. And neither he nor his scumbag partner did anything for several minutes by cry and pee their pants and call the union.

    2. GamerFromJump   11 years ago

      Fellow vets and family members of vets, how deep is the shit in which one finds oneself, in the event of discharging one’s firearm outside the course of prescribed uses?

      Hint: Very.

  4. Libertarian   11 years ago

    Okay, Reason, please tell me you’re just making up shit, now. Right? Right?

  5. Paul.   11 years ago

    Rookie NYPD cop Peter Liang texted his union representative and was “incommunicado for more than six and a half minutes” as Akai Gurley, the unarmed man he shot in the stairwell of a Brooklyn housing project, lay dying.

    Can we really, really blame him for this? Isn’t it the Libertarian position to “not talk to the cops”?

    1. Zeb   11 years ago

      Too soon. You needed to wait at least 10 more minutes to make a bad joke.

      1. Paul.   11 years ago

        It’s not a joke. It can certainly be taken as gallows humor. But I’m deadly serious. It’s the same reason cops almost universally refuse breathalyzers.

        1. Zeb   11 years ago

          Well, I can lame him for it. Libertarian or not, you kind of need to call the cops if you accidentally shoot someone, or it’s going to be a lot worse. And if you don’t call an ambulance, you are a bad person.

          According to several defense attorneys I have talked to, refusing a breathalyzer is what any smart person should do.

          1. GamerFromJump   11 years ago

            Well, I can lame him for it.

            I’m assuming this is a typo, rather than an offer. Too bad.

        2. Agammamon   11 years ago

          I can blame him for it.

          1. Should have, at a minimum, called an ambulance.

          2. As a *cop*, I want him to report in to his superiors everytime he discharges his weapon. I don’t expect him to give incriminating details, but should at least give a ‘I just ND’d’ report.

          1. Aresen   11 years ago

            I was watching a “Perfect Storm” rerun a while back about the local Police Prefect in Toyko at the time of the 1923 Earthquake and Firestorm

            He had, in all good faith, shepherded people into an open area where he thought they would be safe. They weren’t. Thousands were trapped and killed by the firestorm.

            The day after, he committed seppuku.

            1. Notorious G.K.C.   11 years ago

              I’m no fan of suicide, but I’m certainly glad he didn’t get a free paid vacation for 3 months and then go back to his job, or at worst get re-hired by a PD in a nearby city.

  6. The Last American Hero   11 years ago

    Sounds like the City should sue the gun manufacturer since the weapon went off of its own accord. Oh wait, nope, that was the passive voice used to describe the incident. In reality, he shut off the safety, pulled the trigger and shot someone in cold blood.

    1. John C. Randolph   11 years ago

      Now now, you’re assuming that he knew what the safety was and how to engage and disengage it. He was probably incompetent enough that after an instructor disengaged the safety for him that first day on the range, he never engaged it again.

      -jcr

  7. Paul.   11 years ago

    A friend of mine has a brother who’s a Sheriff’s deputy in the Spokane County department.

    He just texted me:

    “True Story: There’s a union rep in the police academy in here in WA. They train the cadets that the union rep is the first call after a shooting.”

    1. Libertarian   11 years ago

      So THAT’S what they mean by “officer training”

      1. CE   11 years ago

        Procedures were followed.

  8. Agammamon   11 years ago

    Wow.

    1. If you don’t keep your finger in the trigger guard, things like this aren’t going to happen. It must be that ‘training’ in firearms safety that makes cops so much more likely to ‘negligently discharge’.

    2. FFS – if you’re going into a situation where you feel the need to have your weapon drawn, shouldn’t it be SOP to ensure both that you know where you are *and* that your TOC does? You knwo, in case some shit goes down and you need help? LE wants to *be* military, then they need to get their shit together *like* military. Get your SOPs, know your SOPs, train your SOPs – don’t ‘wing’ shit.

    1. Zeb   11 years ago

      And you probably shouldn’t be alone either.

  9. B.P.   11 years ago

    Yeah, that picture is a kind of tough to see.

  10. Adans smith   11 years ago

    So how much will NYC be paying out of this and the choking death of Mr. Garner? Anyone?.And how about that union rep on TV,looks like the typical ‘can’t use proper English,respect my badge peon ‘NY cop on the take.

  11. Anonymous Coward   11 years ago

    After the shooting, Liang was described as “panicked” and “a crying mess,”

    It may be my imagination, but the cops of yesteryear seem to have been made of sterner stuff than the current crop of fearful, body-armor-wearing, taser-packing, weapons-drawn-at-every-instance, puppyciding, “OMG-A-FURTIVE-GESTURE!”ing, Brave Public Heroes. Make no mistake, they were likely as crooked as their policing posterity, but a cop caught by surprise was less likely to “accidentally discharge” an entire clip into you, “resisting arrest” was more likely to get you a severe ass-kicking and not perforated with rounds, choked to death, or electrocuted.

    1. Adans smith   11 years ago

      Most people were,look at what is called bulling today,it’s hurt feelings. Hate speech was called high school when I was a teen

    2. Adans smith   11 years ago

      Most people were,look at what is called bulling today,it’s hurt feelings. Hate speech was called high school when I was a teen

    3. Aresen   11 years ago

      “… the cops of yesteryear seem to have been made of sterner stuff than the current crop of fearful, body-armor-wearing, taser-packing, weapons-drawn-at-every-instance, puppyciding, “OMG-A-FURTIVE-GESTURE!”ing, Brave Public Heroes.

      Barney Fife was made of sterner stuff.

    4. BigT   11 years ago

      “panicked” and “a crying mess,”

      OMG! I’m going to have an indefinite vaca!

    5. Mark22   11 years ago

      Police probably used to be able to hire better people: 50 years ago, police work was better than most other jobs available to blue collar workers; these days, the economy offers most people jobs that are safer and more interesting.

  12. Adans smith   11 years ago

    OK ,yes ,the drinking lamp is lit

    1. Anonymous Coward   11 years ago

      I was wondering what that…THAT, was.

  13. CE   11 years ago

    And this is why only properly trained and government vetted law enforcement individuals should be allowed to carry firearms. Oh, wait.

    1. Adans smith   11 years ago

      My duck hunting partner was a cop,pretty good guy really,calm with people.Any way ,a couple of his work buddies duck hunted with us a few times,they couldn’t hit a duck or goose if it was dead on the ground.Brian got better once I taught him how to shoot over decoys.I’ve used a Churchill o\u for years.They love their autos and shoot to fast. Well,back to my stout

  14. Aresen   11 years ago

    Serpico on the Eric Garner killing:

    http://www.nydailynews.com/new…..-1.2034651

    1. Adans smith   11 years ago

      I read his book when I was 13 or so,I’m happy he is still alive.

  15. RealityBites   11 years ago

    To be expected the psycho’s have to get their stories straight.

  16. BigT   11 years ago

    Rookie NYPD cop Peter Liang texted his union representative and was “incommunicado for more than six and a half minutes”

    Liang: Dude, I just earned my stripes!

    Union thug: Don’t forget to tell everyone you were in mortal danger, the guy had what looked like a gun and was coming at you.

    Liang: But it was pretty dark and I just heard something.

    Union thug: OK. Then just say your finger slipped. No, better, say the gun went off on its own and you had no idea where it went.

    Liang: Right. That’s better.

    Union thug: So, do you need a ticket to Hawaii or Cancun ? Is the wife going or do you need some company?

    Liang: Oh, man! [sobbing with joy]

  17. bassjoe   11 years ago

    Serious police reform will require the cooperation of police unions, but Republicans generally refuse to take them on, lest they appear out of step with their “law and order” base, and many Democrats would rather avoid being seen as opponents of any public sector union.

    Key sentence in entire article. Same reason why the prison guard unions are so powerful. Both sets of unions have prevented any meaningful reforms of the criminal justice within the legislative branch for decades.

  18. Brochettaward   11 years ago

    I think the most disgusting thing about all these stories is how clearly untrained our professional heroes in blue actually are.

    In the first week of basic/boot, muzzle awareness is drilled into your head along with the common sense idea of not putting your finger on or near the trigger unless you are intending to fire. Because, you know, in the military if you discharge your weapon, that shits UCMJ. You hit someone, you are going to Leavenworth.

    1. Mark22   11 years ago

      They are well trained in wealthy and low crime neighborhoods. But what kind of people do you think poor and crime ridden communities can afford to hire and train as police officers?

    2. GamerFromJump   11 years ago

      I’ll never forget the day an E-1 trainee moved his muzzle across our formation while turning around. Now, everyone knew there was not a round within 10 miles of that rifle, but that did not stop 5 DSs descending like the wrath of Zeus on this shmuck that “killed” half a platoon.

    3. Skinny Tallz   10 years ago

      You know, it’s amazing because a good friend of mine was a USMC police officer who had served in the Helmand province of Afghanistan, and he’s often very critical of those he calls “blueberries” too. He’s also stated that a lot of the MP training he received could of prevented most of these issues. He also feels that this would be an unlikely solution because it would look like we are militarizing our police even more to Democrats, despite the fact we would only be doing it to educate.

  19. Mark22   11 years ago

    Going after police is pointless and ineffective. The problem is that we have criminalized too much and are enforcing laws against nonviolent conduct to aggressively. Addressing those issues does not involve police or police unions, it is something Congress and state legislatures can do on their own.

    1. Zeb   11 years ago

      Yeah, but police and police unions lobby to keep those laws in place. Any time there is a proposal to decriminalize drugs or gambling, police show up to oppose it. As long as the police are a powerful lobby, it is hard to get rid of the laws.

  20. MSimon   11 years ago

    We Are Exempt From Your Morality

  21. PRX   11 years ago

    if the Collective Bargaining Agreement prevents an investigation, arrest and charge everyone who signed it and abides by it for obstructing justice. contract doesn’t trump law for anyone else.

  22. ronaldbarrkem   11 years ago

    My best friend’s mother-in-law makes $85 /hour on the internet . She has been out of work for 5 months but last month her pay was $16453 just working on the internet for a few hours.
    Visit this website ????? http://www.jobsfish.com

  23. woodNfish   11 years ago

    “Many police departments, including New York’s, have generous job protections for police officers. These privileges, masquerading as “due process,” protect bad cops.”

    And that is why all cops are bad, and all of them are criminals, because if you support that kind of coverup, then you are an accomplice to all the crimes committed by the other cops, and there are plenty of them.

  24. Skinny Tallz   10 years ago

    Look, I don’t think that any of us will debate that calling for help should of been the top priority of the officer, but I think this highlights the sad state of affairs being brought about by the media. Their blame game has put police in such a state that an officer is so afraid of making a mistake, that it actually impairs his ability to do his job.

    On the other side of the coin, had he called for help, would officer Liang of been another cop blamed for another instance of bad policing?

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