New York
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He was just coming out of a club with some friends on the morning of his wedding, when police started shooting. They thought someone was carrying a gun, but when it was over, no one was.
New York City finally made a decision on Tuesday to close the chapter on one of the most controversial police shootings ever. To settle a federal lawsuit filed by the family and two friends of 23-year old Sean Bell a black man who was fatally shot by a group of police in 2006 on what would have been his wedding day, New York City agreed to a payment of over $7 million.
Intense negotiations had been going on for days in Federal District Court in Brooklyn. The children whom Mr. Bell had with his fiancée, Nicole Paultre Bell, will receive $3.25 million, and two friends of Mr. Bell’s who were injured in the episode will also be in the mix, with Joseph Guzman getting $3 million, and Trent Benefield $900,000.
The lawsuit, which was filed in 2007, accused the police of wrongful death, negligence, assault and civil rights violations. But it languished as the state and federal governments and city police officials investigated the shooting.
The case set off a heated debate over the police use of deadly force and prompted the city to change some of its policing procedures, which include alcohol testing for officers in any shooting in which someone is injured, as well as improved firearms training.
It happened on Nov. 25, 2006. Five New York City police officers, three of whom were black and two white, fired 50 rounds of gunshot into a Nissan Altima that Mr. Bell had driven to a Queens strip club. Bell and his two friends were in the car at the time. The car hit a detective in the leg and also struck a police van just before the officers began firing. When it was over, the officers could see that none of the three men in the car had guns, although the officers apparently thought at least one of the men did.
The case did go to trial and three of the officers were acquitted of manslaughter and reckless endangerment charges in State Supreme Court in Queens in 2008. The other two officers who also opened fire did not face criminal charges.
In February, prosecutors said they would not be filing civil right charges against the officers because of insufficient evidence. But Paul J. Browne, the Police Department’s chief spokesman, said the department will now go ahead with its administrative case against eight other officers who had some involvement in the case.
When the negotiations were wrapped up at the federal courthouse in Downtown Brooklyn, 26-year old Ms. Bell came out of the courtroom looking tired after two full days of talks. She walked, arm in arm with Mr. Bell’s mother, Valerie. Ms. Bell said the settlement was fair but not a victory.
“No amount of money can provide closure, no amount of money can make up for the pain. We’ll just try to learn how to live with it and move on.”
The money will go to her two children with Mr. Bell, 7-year old Jada, and 4-year old Jordyn. She is not receiving any money from the settlement because she was not married to Mr. Bell yet, but she took his name legally after his death. Ms. Bell promised to keep pushing for the passage of police reforms intended to prevent a similar episode.
Standing beside her, Mr. Bell's friend, 34-year old Mr. Guzman, said he was sure that something similar would happen again.
“I don’t think a black or Hispanic man’s life means much in this city."
Mr. Guzman, badly injured in the melee, walked out of the courtroom with a noticeable limp.
“My injuries are my injuries. I’ve got a metal rod in my leg. I’ve got four bullets still in me. I’ve got one pushing out my back right now.”
New York City's corporation counsel, Michael A. Cardozo said:
“The Sean Bell shooting highlighted the complexities our dedicated officers must face each day. The city regrets the loss of life in this tragic case, and we share our deepest condolences with the Bell family. The city is also settling claims with Mr. Guzman and Mr. Benefield. We hope that all parties can find some measure of closure by this settlement.”
But the president of the Detectives Endowment Association, Michael J. Palladino called the settlement “laughable.”
“I think there is something seriously wrong with the entire picture because if you take a look at the situation in its entirety, it’s that the police were there performing their lawful duty; Bell was intoxicated and he tried to run the police down. The settlement is absurd, for that amount of money, when Bell was responsible for the entire incident.”
The five officers who opened fire, Detectives Gescard F. Isnora, Michael Oliver, Marc Cooper, Paul Headley and Officer Michael Carey were part of a unit that was investigating the strip club. All are now on modified assignment, with no gun and no shield, Officer Headley is on military leave.