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Officer Who Shot Akai Gurley "Had No Justification Defense"
By
Ben Yakas
Published Feb 14, 2015
Modified Feb 14, 2015
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By
Ben Yakas
Published Feb 14, 2015
Modified Feb 14, 2015
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This week, the NYPD officer who shot and killed 28-year-old Akai Gurley in the stairwell of his East New York apartment complex last November was charged with second degree manslaughter and criminally negligent homicide. Now we have a much better idea why the Brooklyn DA was able to get an indictment against Liang in a case that echoes the failed case against the officer who put Eric Garner in a fatal chokehold. "I can’t think of a case in any recent time where an officer took someone’s life and there was no explanation of why," a senior prosecutor in Brooklyn told the Times. "He had no justification defense."
The Times reports that there were two major differences between this case and the one against Officer Daniel Pantaleo, who was not indicted in the death of Garner: Liang declined to testify before the grand jury, and he didn't claim he was acting against "a perceived threat."
The officer’s claim that he fired his weapon by accident did not spare him from criminal culpability, prosecutors and legal experts said. Prosecutors can bring charges based not on the person’s intention to do harm but on his failure to perceive the danger of his acts, or worse, his willful decision to ignore that danger.
Prosecutors also contend that Officer Liang, 27, who had been on the force for less than 18 months, disregarded his safety training by putting his finger on the trigger and pointing the gun ahead of him into the dark, even though there was no obvious threat.
Gurley was killed in the stairwell of the Pink Houses shortly after 11 p.m. on November 20th. Liang and his partner were on a vertical patrol (reportedly against their commander's wishes) when, according to police, Liang opened a door with the same hand he was holding his service weapon and accidentally discharged the gun. Some reports have stated that Liang and his partner texted their union representative before using their radios to call for help for Gurley as he bled out.
Brooklyn DA Ken Thompson has already stated that the shooting was accidental ("We do not believe [Liang] intended to kill Akai Gurley"), but as Capital NY reports, accidental discharges are incredibly rare. The prosecution's case rests on whether they can prove Liang was careless to the point of criminality.
Prosecutors will try to prove that Officer Liang knowingly disregarded the risk of death by holding his weapon with his finger on the trigger — a necessary point in winning conviction of second-degree manslaughter at trial.
Prosecutors say there is no evidence that the gun malfunctioned or that Officer Liang tripped or was jostled. Because significant pressure is needed to pull the trigger, the prosecutor’s theory is that the discharge was not accidental, even if Mr. Liang did not aim at Mr. Gurley.
“Only Officer Liang knows why he pulled the trigger,” the senior Brooklyn prosecutor said. “That’s why it’s a difficult case. But what we do know is that at no time did anyone indicate Gurley was a threat.”
In addition, the Times adds that Liang's lawyers will argue that the indictment is politically motivated, and a reaction against the lack of an indictment for Pantaleo in the Garner case.
Tagged
Akai Gurley
brooklyn
fatal shooting
ken thompson
Peter Liang
Ben Yakas
Ben Yakas is a former Gothamist reporter.
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Gothamist is funded by sponsors and member donations
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