Police Commissioner Defends Use of Force in NYC Shooting

mmckee1952

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You've got to read this, what a bunch of BS. There police can't hit a target a 5 to 7 feet?


JENNIFER PELTZ
Source: Associated Press
Created: August 28, 2012

NEW YORK (AP) — The police shooting near the Empire State Building last week is a testament to how quickly officers can fire off 16 rounds to take down an armed suspect.

But the nine wounded bystanders attest to another truth: Officers often miss.

Police Commissioner Raymond Kelly reiterated Monday that officials believe that two patrolmen followed proper police protocol once Jeffrey Johnson pulled a pistol on them moments after he ambushed a former co-worker — an assessment supported by experts on police policy and training.

"When you're told that someone just killed someone around the corner, and five seconds later that person identified as the shooter points the gun at you ... it was the appropriate action to take," Kelly said at an unrelated press event in midtown Manhattan.

Dramatic security video of the Friday morning confrontation shows Johnson pointing the weapon at the officers, other pedestrians scattering and the two officers firing — one from very close range, the other while retreating.

The police volley instantly killed Johnson, who never returned fire. Stray bullets, ricochets and fragments caused nonlife-threatening gunshot and graze wounds to nine civilians. Two remained hospitalized Monday in stable condition.

Kelly called it "unfortunate" that innocent people were hurt. But, he added, "Thank God, everybody is going to be all right."

Still, the bloodshed was another reminder of the public safety challenges that first emerged in the mid-1990s, when the police department abandoned bulky .38-caliber revolvers and armed officers with rapid-fire, 15-shot semiautomatics. At the time, the department claimed it needed the more modern weapons because criminals outgunned officers.

Experts said the number of bullets fired by the two officers wasn't surprising, nor was the fact that some of them missed their intended target.

"Those 16 rounds could have been fired in literally two seconds," said David Klinger, a University of Missouri criminology professor.

Eugene O'Donnell, a former New York City police officer who is now a lecturer at John Jay College of Criminal Justice, said: "I think people want to hear a magic number" of gunshots needed to take down a suspect.

"There is no magic number," he said.

Analysis shows NYPD officers "routinely, unfortunately, fire shots that miss," O'Donnell said. "It's uncommon for the cops to shoot, but when they do shoot, their hit rate is not very high."

According to the NYPD's annual firearms discharge report for 2010 — the latest available — officers fired their guns in 92 encounters — the lowest number in the 40 years the department has tracked such data. But the same data showed the total number of bullets fired by police increased 24 percent, to 368 from 297.

NYPD officials say recruits are repeatedly cautioned to be aware of their surroundings and to try to take cover and assess a situation before opening fire. But once shooting starts, officers are trained to "shoot to stop" by firing at a target's "center mass," or torso.

"The rule as to how many shots should be fired is how many shots are necessary to terminate the threat," said Ed Mullins, president of the Sergeants Benevolent Association.

Throughout the semiautomatic era, the NYPD officer have been criticized for unleashing large fusillades. Most notable were the slayings of two unarmed men in vastly different settings: Amadou Diallo by 41 rounds while emerging from his Bronx home in 1999 and groom-to-be Sean Bell by 50 shots while sitting at the wheel of his car on a quiet Queens block in 2006.

In both of those cases, the officers who fired their guns were charged criminally but acquitted at nonjury trials.

The Johnson shooting also is under a routine review by a grand jury, but the experts predicted charges were unlikely.

The shooting appeared to be "a reasonable and acceptable use of force," said John Shane, a former Newark, N.J., police captain who also teaches at John Jay. "I have no doubt (the two officers) would not be indicted by a grand jury."


Added Shane: "It's actually a good thing that the video exists in the way that it does. ... This is the rare occasion where you get to see what happened before, during and after police fired."

Wounded bystanders have successfully sued police in the past.

William H. Cooper, who represented a bystander shot in the head by police during a gunfight with a robbery suspect on a Bronx street in 2000, said such cases typically boil down to officers trying to show that "the danger to the public was so excessive that they had every right to discharge their weapon" and plaintiffs arguing that deadly force "created such a danger to others that the risk didn't equal that decision."

In that case, city officials settled with the partially paralyzed man, Wilson Ramos, for $6 million.

In another civil case, the family of a woman taken hostage in 1993 by a bank robbery suspect and then killed by police exchanging fire with the gunman was awarded nearly $4 million. The appeals court found "police violated clearly established protocols and procedures," partly because police guidelines tell officers not to fire when shooting will unnecessarily endanger innocent people.

But in another case, the state's highest court threw out a negligence lawsuit from a woman who was hit by a police bullet during a 2005 shootout between officers and a suspect on a Harlem street. The Court of Appeals found the officers were justified in firing because they had a clear view of the suspect and hadn't seen the bystanders.
 
This report clearly reflects nation wide statistics in officer shootings. It just so happens that there are 100s of thousands of people in just one city block and there were bystanders located behind the perp. I would like to see anyone LE or civilian NOT unleash a barrage of lead when they are faced in a deadly force situation. And when they DO, have every single round hit torso. Not quite possible when your heart rate is nearing 200 bpm...nature of the beast. HOWEVER, the more training the better.
 
I agree with this report. Hard not to hit people in new York city.

You sir are a menace to society imho (if you are indeed armed)...
Please never carry a firearm on your person and leave your sidearm at home, unloaded, in a locked metal container.
Better yet, just sell any firearms that you may own because you are clearly an ignorant individual.

SMFH :fie:

Sorry folks, but I had to feed the troll on this one.
 
What I saw in the surveilence video was one officer who looked like he has some semblence of training using a two handed stance at fairly close range and Deputy Fife scurrying backwards like a crab firing one handed..... Bystanders were most likely wounded by this individual. This should not be police protocol. If cities have armed officers it is their duty to provide a high level of training. If they do not want to do that maybe they should be like the British Bobbies and only carry a night stick and a phone and call in the trained and qualified teams when they have a situation like this
Look at what has happened to the high speed chase in this country. They really don't happen that much anymore because of the amount of collateral damage that has been caused over the years, but yet NYCPD still condones a shooting response to a situation as police protocol. Heaven forbid something really serious happens in NYC like what happened in LA with the two bank robbers... That would be a bloodbath of epic propotions
NYPD knew who the perp was. There was an eyewitness who was a co-worker. This wasn't a random act of violence. They could have just let him walk away and made an arrest later. The man had no where to go. He might have even just shot himself. Why the rush to get into a situation that could have easily played itself out without any other injuries.
 
What I saw in the surveilence video was one officer who looked like he has some semblence of training using a two handed stance at fairly close range and Deputy Fife scurrying backwards like a crab firing one handed..... Bystanders were most likely wounded by this individual. This should not be police protocol. If cities have armed officers it is their duty to provide a high level of training. If they do not want to do that maybe they should be like the British Bobbies and only carry a night stick and a phone and call in the trained and qualified teams when they have a situation like this
Look at what has happened to the high speed chase in this country. They really don't happen that much anymore because of the amount of collateral damage that has been caused over the years, but yet NYCPD still condones a shooting response to a situation as police protocol. Heaven forbid something really serious happens in NYC like what happened in LA with the two bank robbers... That would be a bloodbath of epic propotions
NYPD knew who the perp was. There was an eyewitness who was a co-worker. This wasn't a random act of violence. They could have just let him walk away and made an arrest later. The man had no where to go. He might have even just shot himself. Why the rush to get into a situation that could have easily played itself out without any other injuries.

No LE agency in the country would let someone that just committed a homicide walk about just to have a better opportunity to arrest. That's how hostage situations occur and subsequently more deaths. There would be more out cry and liability on the officers if they did nothing at all initially vs the outcome here that played out. Its a horrible scenario to be in for a cop but its do or die...or someone else dying. I'm sure at moment zero, LE had no idea that it wasn't a random act. Every incident in NYC these days gets ruled in or ruled out on all major news networks as a possible terrorist incident.
 
Otism, you've got to be shi**ing me, the cops weren't even being fired upon at the time they shot EVERYBOBY and they were ONLY just 4 to 5 feet away from a standing target, the thought that there heart rate nearing 200 bpm...as was said by sheepdog is complete BS. This is a good reason for the NYPD to require more shooting time for there cops and if there eather to fat to grab there gun quickly or they can't hit the side of the barn, kick there ass out
 
The fact that the NY police used force is not the problem the problem is some shooting skill is lacking. From what I have heard it appears the man was down as bystanders took hits.
 
What I would find interesting is how many citizens were hit by each officer... I'm sure they have these answers, but doubt they will release the data.

If I was the Chief, I would react to that data....One of the officers does not appear to react as I would, but then again, I do not want to cast stones...

You can never get too much practice... Wonder if they practice to close qtrs. drills....I think this may be one of the best things to practice...Most gun fights happen close up and personal.

Here are some stats compiled by the FBI.

55% of gunfights take place 0-5 feet.
20% of gunfights take place in 5-10 feet.
20% of gunfights take place in 10-21 feet.
95% of gunfights take place in 0-21 feet. (Source- FBI)
The average man can cover 21 feet of ground in 1.5 seconds.
The average man cannot draw a gun from concealment in under two seconds.
3 to 4 shots are usually fired.

Most gunfights take place in low light conditions.
On average, one shot in four strikes someone.
 
There doesn't seem to be much liability in the Department as they generally walk after any type of poor choce of judgement citing protocol.
I agree with you about letting him walk. My error on not making myself quite clear. I was trying to convey the fact that the two officers in the video charge up on the guy. He was walking away. They could have approached him with a little more tact they may have taken him peacefully or cleared some of the bystanders, maybe positioned themselves for a better shot opportunity, or called for back up. Granted he pulled his weapon as they charged in and swung it towards police, but he was reacting to them. The video shows he had the jump on them as neither had a weapon drawn as they approached it. As for hostage situations, yes that may have occured the results may have been the same or worse who can say. Hindsight is always 20/20.
I still think that there are failings in the NYPD training regimens. Sometimes being/having authority makes your judgement a bit lax on more than one level.
 
There doesn't seem to be much liability in the Department as they generally walk after any type of poor choce of judgement citing protocol.
I agree with you about letting him walk. My error on not making myself quite clear. I was trying to convey the fact that the two officers in the video charge up on the guy. He was walking away. They could have approached him with a little more tact they may have taken him peacefully or cleared some of the bystanders, maybe positioned themselves for a better shot opportunity, or called for back up. Granted he pulled his weapon as they charged in and swung it towards police, but he was reacting to them. The video shows he had the jump on them as neither had a weapon drawn as they approached it. As for hostage situations, yes that may have occured the results may have been the same or worse who can say. Hindsight is always 20/20.
I still think that there are failings in the NYPD training regimens. Sometimes being/having authority makes your judgement a bit lax on more than one level.

I completely hear what your saying. But as stats show, this phenomenon of cops not hitting targets only a few feet away is nationwide. Its a profoundly high stress situation that diminishes fine motor skills. Its not just a NYPD thing.
 
Otism, you've got to be shi**ing me, the cops weren't even being fired upon at the time they shot EVERYBOBY and they were ONLY just 4 to 5 feet away from a standing target, the thought that there heart rate nearing 200 bpm...as was said by sheepdog is complete BS. This is a good reason for the NYPD to require more shooting time for there cops and if there eather to fat to grab there gun quickly or they can't hit the side of the barn, kick there ass out

Any basic anatomy or physiology class and/or active shooter training would disprove your remarks.
 
I completely hear what your saying. But as stats show, this phenomenon of cops not hitting targets only a few feet away is nationwide. Its a profoundly high stress situation that diminishes fine motor skills. Its not just a NYPD thing.

I know poor training is not only a NYPD issue and I am not singling them out it just happens that NYC was the location of the incident. I am sure the list would be a long one if I did just a little digging....
 
there is a you tube on that which shows the cops shooting in the opposite direction of the gunman wtf???? i think this was more a massacre by the police rather than a gunman? why would you shoot innocent lives and not even in the direction of the supposed gunman?? something is very wrong here imo
 
I completely hear what your saying. But as stats show, this phenomenon of cops not hitting targets only a few feet away is nationwide. Its a profoundly high stress situation that diminishes fine motor skills. Its not just a NYPD thing.

I know poor training is not only a NYPD issue and I am not singling them out it just happens that NYC was the location of the incident. I am sure the list would be a long one if I did just a little digging....

I'm sure. But its not necessarily poor training, just not enough training. Anyone can shoot at paper targets all day as most qualifications nationwide entail, its making those targets shoot back such as training w simunition that also trains LEOs with the psychcological stress. Breathing exercises to control heart rate, etc. This is the stuff of special forces training....we should demand and expect the same for LE, but it doesn't always exist.
 
Most muncipalities do not have the funding for the necessary training. There are other outlets for this type of training though. We all take this type of furthering education in both our professional and personal lives. Sometimes we pay for it sometimes not. It improves our performance. Why don't the LEO's?
 
Most muncipalities do not have the funding for the necessary training. There are other outlets for this type of training though. We all take this type of furthering education in both our professional and personal lives. Sometimes we pay for it sometimes not. It improves our performance. Why don't the LEO's?

I think you're right with the funding and in all honesty, most places around the country go decades without a shooting incident so its not on the forefront of peoples minds. But in NYC, although its been ruled a good shoot...which in the grand scheme of things it is, the investigating entity may very well hand down recommendations and/or policy/procedure changes in ordee to better train or adapt to future situations such as this. That happens a lot but stuff like that usually isn't public knowledge. We'll hear that its officially a good shoot although bystanders were hit, but out of the publics eye, they'll make changes or suggestions so it doesn't happen again. The reason they typically won't release anything further, is so it doesn't fuel any pending civil suit. Plus the embarrassment, making of excuses, admitting of misstakes, etc.
 
All I know is, that if it wasn't the police, and it was a civilian just trying to protect them self, the civilian would be locked up and the key thrown away. A totally ridiculous double standard. The media, police, and the local politicians would excoriate that person. But if you wear a uniform, you can use bad judgement, kill people, and have your ass covered by anyone and everyone in your chain of command. It happens over and over and over.
 

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