December 3, 2008
Three officers indicted in Bell case
After a week of grand jury drama, three New York City detectives were indicted Friday in connection with the November killing of Sean Bell in a 50-shot police barrage near a Jamaica strip club, the officers' attorneys said.
Queens District Attorney Richard Brown would not disclose the results of the grand jury's work, setting a news conference for Monday.
But as lawyers for three of the five cops who fired at Bell's car were contacted about surrendering their clients Monday at the Queens County Courthouse, word quickly circulated that indictments had been handed up against Gescard Isnora, Michael Oliver and Marc Cooper.
Sources close to the case said they believe Isnora and Oliver will face charges of second-degree manslaughter, and Cooper will be charged with reckless endangerment. There may be lesser charges as well, the sources said. It was not clear whether the grand jury had voted for a charge of first-degree or second-degree reckless endangerment.
Second-degree manslaughter carries a sentence of up to 15 years in prison. Reckless endangerment is punishable by up to 7 years in prison for the first degree or up to a year in jail for the second degree.
Attorney Phil Karasyk of Manhattan said that Isnora, who was the first cop to shoot at Bell's car and who fired 11 times total, had been charged. Defense attorney James Culleton of White Plains confirmed that Oliver, who fired 31 shots, had been charged. Paul Martin, who represents Cooper, confirmed his client's indictment. Cooper fired four times.
Attorney Steven Worth said that his client, Officer Michael Carey, was not charged. Lawyers for Paul Headley, who fired once and was not indicted, did not return telephone calls.
Bell, 23, was killed and two of his friends were seriously wounded in the Nov. 25 shooting near Kalua Cabaret, where Bell -- who was to be married later that day -- had celebrated his bachelor party. The three men were unarmed and no gun was found at the scene.
Police have maintained that they believed one of the men with Bell was going to get a gun.
Karasyk said Isnora was disappointed by the indictment, but "he's stoic. He's firm and he's looking very forward to his day in court." The lawyer said it is easy to second-guess cops who have to make split-second decisions on the street.
Culleton was unequivocal in his reaction. "There was no crime committed," he said. "There certainly will be no conviction, in my opinion."
"My client is disappointed," Martin said of his client, Cooper.
Worth reiterated that none of the defense attorneys had been told specific charges.
Of Carey, who fired three shots but was not indicted, Worth said, "I am pleased the grand jury recognized his professionalism on the night of the incident."
Michael Palladino, the head of the Detectives Endowment Association, said at a news conference, "I firmly disagree with the decision to indict these officers. I do not think the actions of these officers rise to the level of criminality."
The secret panel, which began considering evidence Jan. 22 and heard testimony from more than 60 witnesses, completed its work at about 1:30 p.m. in an office building in Kew Gardens.
Reaction around the city was swift.
"We've been battling since Nov. 25. Today is a major step in that battle. Who prevails, time will tell. We only ask that the law be abided by," said the Rev. Al Sharpton, who has been a spokesman for Bell's family and the two men wounded in the shooting, Trent Benefield, 23, and Joseph Guzman, 31.
"These charges, if they are true, those are cases that should be prosecuted and get a conviction," said Rep. Gregory Meeks (D-Queens).
The grand jury action came on the third day of deliberations, which had been briefly extended to hear testimony from a last-minute witness, a janitor who told investigators that he had seen someone fire at the officers before the cops began shooting.
The grand jury's decision to charge the three cops who fired the most shots and not charge two others was seen by some as an indication that the panel weighed each officer's individual responsibility.
"It suggested they were careful," Fordham University law professor James Cohen said.
Cara Tabachnick and staff writers Emi Endo and Eden Laikin contributed to this story.
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