Sean Bell shooting incident

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Sean Bell shooting incident
SeanBell.jpg
Memorial to Sean Bell at the place of the shooting
DateNovember 25, 2006 (2006-11-25)
Location Jamaica, Queens, New York City 40°41′54″N73°48′31″W / 40.6983°N 73.8085°W / 40.6983; -73.8085 (Sean Bell Way)
Deaths1 (Sean Bell)
Suspect(s)Michael Carey
Marc Cooper
Gescard Isnora
Michael Oliver
AccusedMichael Carey
Marc Cooper
Gescard Isnora
Michael Oliver
Charges Manslaughter, assault, reckless endangerment
VerdictAll found not guilty
Litigation$3.25 million lawsuit filed by Sean Bell's family

Sean Bell was shot in the New York City borough of Queens, New York, United States, on November 25, 2006. Three men were shot a total of 50 times by a team of both plainclothes and undercover NYPD officers. Sean Bell was killed on the morning before his wedding, and two of his friends, Trent Benefield and Joseph Guzman, were severely wounded. [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; they were found not guilty. [4]

New York City Largest city in the United States

The City of New York, often called New York City (NYC) or simply New York (NY), is the most populous city in the United States. With an estimated 2017 population of 8,622,698 distributed over a land area of about 302.6 square miles (784 km2), New York City is also the most densely populated major city in the United States. Located at the southern tip of the state of New York, the city is the center of the New York metropolitan area, the largest metropolitan area in the world by urban landmass and one of the world's most populous megacities, with an estimated 20,320,876 people in its 2017 Metropolitan Statistical Area and 23,876,155 residents in its Combined Statistical Area. A global power city, New York City has been described as the cultural, financial, and media capital of the world, and exerts a significant impact upon commerce, entertainment, research, technology, education, politics, tourism, art, fashion, and sports. The city's fast pace has inspired the term New York minute. Home to the headquarters of the United Nations, New York is an important center for international diplomacy.

Queens Borough in New York City and county in New York, United States

Queens is the easternmost of the five boroughs of New York City. It is the largest borough geographically and is adjacent to the borough of Brooklyn at the southwestern end of Long Island. To its east is Nassau County. Queens also shares water borders with the boroughs of Manhattan and the Bronx. Coterminous with Queens County since 1899, the borough of Queens is the second largest in population, with an estimated 2,358,582 residents in 2017, approximately 48% of them foreign-born. Queens County also is the second most populous county in the U.S. state of New York, behind Brooklyn, which is coterminous with Kings County. Queens is the fourth most densely populated county among New York City's boroughs, as well as in the United States. If each of New York City's boroughs were an independent city, Queens would be the nation's fourth most populous, after Los Angeles, Chicago, and Brooklyn. Queens is the most ethnically diverse urban area in the world.

New York (state) State of the United States of America

New York is a state in the Northeastern United States. New York was one of the original Thirteen Colonies that formed the United States. With an estimated 19.54 million residents in 2018, it is the fourth most populous state. To distinguish the state from the city in the state with the same name, it is sometimes called New York State.

Contents

Background

Born on May 23, 1983, Sean Bell was 23 years old at the time of his death. [5] He was a nephew of the current University of Tulsa basketball coach, Frank Haith. [6] Bell 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] and worked odd jobs after the birth of his daughter, Jada, on December 16, 2002. His fiancée, Nicole Paultre, told Larry King that Bell was studying to be an electrician and was unemployed when the shooting occurred. [8]

University of Tulsa

The University of Tulsa (TU) is a private research university located in Tulsa, Oklahoma, United States. The University of Tulsa is renowned for its undergraduate, graduate and professional programs across a number of disciplines, including law, literature, computer science, natural sciences, psychology, and engineering. Its faculty includes prominent scholars, scientists, and writers. TU has a historic affiliation with the Presbyterian Church and the campus architectural style is predominantly Collegiate Gothic. The University of Tulsa has been recognized as one of the five most international universities in the United States, by undergraduate enrollment.

Frank Haith American basketball coach

Frank James Haith Jr. is the men's basketball head coach for the Tulsa Golden Hurricane. Haith had previously been the head coach at the University of Miami and the University of Missouri.

Flushing, Queens Neighborhoods of Queens in New York City

Flushing is a neighborhood in the New York City borough of Queens in the United States. While much of the neighborhood is residential, Downtown Flushing, centered on the northern end of Main Street in Queens, is a large commercial and retail area and is the fourth largest central business district in New York City.

Shooting incident

On the night of his death, Bell was hosting a 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, a 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.

Prostitution in the United States

Prostitution is illegal in the vast majority of the United States as a result of state laws rather than federal laws. It is, however, legal in some rural counties within the state of Nevada. Prostitution nevertheless occurs throughout the country.

<i>New York Post</i> Daily tabloid newspaper based in New York City

The New York Post is a daily newspaper in New York City. The Post also operates the celebrity gossip site PageSix.com, the entertainment site Decider.com, and co-produces the television show Page Six TV.

Witness accounts of the event conflict with the account provided by police. According to Joseph Guzman, the plain clothes detectives never identified themselves as they approached with their weapons drawn. According to the [12] New York Daily News , witnesses claimed 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]

<i>New York Daily News</i> Daily tabloid newspaper based in New York City

The New York Daily News, officially titled Daily News, is an American newspaper based in New York City. As of May 2016, it was the ninth-most widely circulated daily newspaper in the United States. It was founded in 1919, and was the first U.S. daily printed in tabloid format. It reached its peak circulation in 1947, at 2.4 million copies a day.

Isnora, the officer who initiated the shooting, claimed later that he saw a fourth man in the car who fled the scene, possibly with the alleged weapon. It was speculated that one of Bell's friends, Jean Nelson, was the fourth man. Nelson admitted that he was present but denied being in the car or having a weapon. [15] [16] Critics suggest that Isnora fabricated the alleged presence of a fourth man to justify the shooting and to avoid being convicted by a 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 the alleged armed man. This contradicts claims that the police searched the neighborhood for a 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; he said they were likely in fear that 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 shot four times, and Officer Gescard Isnora eleven. 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 had been struck four times in the neck and torso. [25] Guzman was shot 19 times, [26] and Benefield, who was in the back seat of the vehicle, was hit three times. Guzman and Benefield were taken to Mary Immaculate Hospital. Guzman was listed in critical condition, and Benefield was in stable condition; both men 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 said, "it sounds to me like excessive force was used," [30] and called the shooting "inexplicable" and "unacceptable". [31] Ex-New York State governor George E. Pataki also stated that he thought the shooting was excessive. [31] NYC police commissioner Raymond Kelly 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]

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 this 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 that he falsely identified 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[ who? ] have noted 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. 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 was released on his own recognizance. [42] Oliver and Isnora initially faced up to 25 years in 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.

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 performing 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 $50,000,000 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, they and their commanding officer were either fired or forced to resign on March 24, 2012. [52]

After acquittal

"Slowdown" protest

On May 7, 2008, Al 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 was to receive $3 million, and Trent Benefield, 26, was to receive $900,000. The total amount of the settlement was $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 their songs. G-Unit dedicated the opening track of their album T.O.S: Terminate on Sight 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." Sean Bell is one of the names mentioned in Hell You Talmbout, a 2015 protest song by Janelle Monáe and the Wondaland artist collective. 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 song "Welcome to the Terrordome" includes a reference to Sean Bell as well as to 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 ruff 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]

See also

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Coordinates: 40°41′59″N73°48′17″W / 40.69960°N 73.8048°W / 40.69960; -73.8048