Charges will be revealed

Cops suspected in fatal Queens shooting will be in court today to face counts against them for the first time

BY ANTHONY M. DESTEFANO | anthony.destefano@newsday.com; Staff writer Rocco Parascando

March 19, 2007

One mystery that will be cleared up this morning is whether the detectives charged in the Sean Bell case will face additional charges beyond manslaughter and reckless endangerment.

Queens District Attorney Richard Brown is playing things very close to the vest. Defense attorneys for the three police officers - Michael Oliver, Gescard Isnora and Marc Cooper - involved in Bell's shooting last year said even they haven't been told officially what charges their clients face.

But sources familiar with the grand jury probe of the shooting of Bell, 23, on Nov. 25 outside the Kalua Cabaret in Jamaica said it is likely that assault charges will be filed to cover the wounding of Bell's friends Trent Benefield, 23, and Joseph Guzman, 31.

In addition, at trial, a charge of criminally negligent homicide could be given to the jury as an alternative to the second degree manslaughter count reportedly lodged against Oliver and Isnora, said one defense attorney involved in the case.

"Each guy will probably have about six charges," said the attorney, who didn't want to be named.

The officers are slated for a 2 p.m. arraignment today in state Supreme Court in Kew Gardens, Brown spokesman Kevin Ryan said yesterday. Cooper was indicted for reckless endangerment while Oliver and Isnora face second degree manslaughter charges, law enforcement sources said.

However, Manhattan defense attorney Steven K. Frankel, who isn't involved in the case, said it was unclear if criminally negligent homicide could be added as a lesser included offense to second degree manslaughter, which involves more reckless conduct. It may be that Brown has charged the officers with negligent homicide as a separate count, said Frankel.

Frankel also said a charge of first degree assault, a high level felony, could be brought to cover the wounding of Benefield and Guzman. Such a charge requires a showing of intent to cause serious physical injury through use of a deadly weapon, he said.

Staff writer Rocco Parascandola contributed to this story.