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Activists: Cops should face murder charges

BY ANTHONY M. DESTEFANO | tony.destefano@newsday.com

11:14 PM EDT, March 19, 2007

New York Police Detective Michael Oliver (2nd L) enters his arraignment at State Supreme court. (Pool, Getty Images / March 19, 2007)

Three city cops were indicted Monday -- two on felony charges of both first-degree and second-degree manslaughter -- in the fatal November shooting of Sean Bell and wounding of two of his friends in a 50-bullet fusillade near a Queens strip club.

The charges in the eight-count indictment against detectives Gescard Isnora, Michael Oliver and Marc Cooper were more serious than expected.

In announcing the indictments handed up by a state grand jury, Queens District Attorney Richard Brown signaled that Isnora and Oliver, who together fired a total of 42 shots at the three unarmed men Nov. 25 near the Kalua Cabaret in Jamaica, face the prospect of mandatory prison time if convicted of first-degree manslaughter. Conviction on that charge, classified as a violent felony, carries a maximum sentence of 25 years and a minimum of 5 years.

"The grand jury acted in a most responsible and conscientious manner," Brown said at a news conference. "The prosecution now moves forward."

After the grand jury finished its work Friday afternoon, sources said Isnora and Cooper would face the charge of second-degree manslaughter, which does not carry a penalty of mandatory incarceration.

Under the law, first-degree manslaughter includes the intentional infliction of harm that causes death; the second-degree charge applies to reckless action that causes death.

Isnora and Oliver also were charged with first-degree assault, another felony that carries mandatory prison time, stemming from the wounding of Joseph Guzman, 31, and Trent Benefield, 23, who were attending Bell's bachelor party at the strip club and were shot multiple times. Bell was to have been married later that day.

In addition, Isnora was charged with second-degree assault in Benefield's wounding.

Isnora was the first to shoot at Bell's car, firing a total of 11 shots, while Oliver fired 31 times, pausing to reload.

Isnora and Oliver, as well as detective Marc Cooper, also were charged with second-degree reckless endangerment, a misdemeanor, for firing their guns during the shooting. One of Oliver's bullets hit a house's window, while a shot from Cooper blew out a window in an occupied AirTrain station near the Long Island Rail Road station, according to the indictment.

All three pleaded not guilty through their attorneys during a brief arraignment in State Supreme Court in Kew Gardens. Judge Randall Eng freed Isnora and Oliver on $250,000 bonds. Cooper, who fired four times, was freed without bail. None of the detectives spoke in court.

They were suspended without pay for the duration of the case.

Guzman and Benefield were in court along with the Rev. Al Sharpton, who has been a spokesman for the Bell family.

Brown said the grand jury heard testimony from all five of the officers involved in the shooting and from more than 100 witnesses.

"Although some people will be disappointed in the grand jury's decision, we have to respect the result of our justice system," Mayor Michael Bloomberg said.

Brooklyn defense attorney James DiPietro noted that manslaughter and assault charges with mandatory minimum prison time have an impact on potential plea bargaining.

"It changes the dynamics of this case," said DiPietro, referring to the prospect that prosecutors would have a stronger hand in plea negotiations.

After the arraignments, Sharpton, standing outside the Queens Boulevard courthouse with Bell's fiancee, Nicole Paultre Ball, said, "There is no victory here, but we hope we can get justice. So this will never happen again."

Matthew Nestel and staff writers Emi Endo and Rocco Parascandola contributed to this story.

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Related topic galleries: Sean Bell, Justice System, Richard Brown, Police, Murder, Prisons, Trials

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