Sean Bell New York Shooting - Justifable or Over the Top?

The tongues were wagging in police squad rooms around the country when they first heard of the unarmed bridegroom taken down by NYPD detectives with a 50 shot barrage. Most would back their brothers in blue; however, some would at least think, if not openly express, that something must have gone horribly wrong if 50 bullets had to be fired where it was later found that there were no weapons.

Now the verdict has come down from the bench trial where one judge, rather than a jury of twelve citizens, decided that the cops had done nothing criminal. And I agree. Not necessarily because I was a cop for 28 years, but because, no matter how unfortunate this case was, the police must be afforded every accommodation after a thorough review. In my humble career, I can recall only one time where I substantially feared for my life (and had my gun drawn) so I can only remotely imagine what the level of daily concern is for the officers of the NYPD.

Officer safety is drilled into every cop, not only in the recruit academy, but in every daily roll call and range training session. This means that if you, the cop, do not keep yourself safe you cannot protect others from the same threats. Officers insist on seeing the hands of people they confront, insist that no one move without permission, and watch intensely for furtive movements or other non-compliance. Too many cops have questioned their "shoot or don't shoot" decision for a millisecond too long and their names are now carved into granite. Unfortunately, in this case, they were wrong in their assessment but made that assessment using the standard of what any reasonable officer would do in this situation. Based on the public information and the court's subsequent decision, despite the tragic ending, the cops did as they were trained.

Fewer than one-percent of all U.S. police officers fire their guns in the line of duty, and even in New York their numbers are unbelievably (and thankfully) low. Because it does not occur often enough to become routine, when it does occur and the shooting starts it is not all that unusual for the officers to keep firing until the threat is removed or until they have emptied their clips, whichever occurs first. In a multiple officer shootout, it is likely that when the shooting starts the other officers begin and keep shooting. Hence, the 50 rounds here and the 41 rounds in the Amadou Diallo case. And in the heat of the gun battle, even the best marksmen can throw most of their rounds. It cannot be the same as shooting the paper target on the range.

Now that the judge has found no criminal culpability, the NYPD must review every aspect of this incident to work toward diminishing the chance for future incidents. Nothing will completely stop future incidents, but there may be lessons that can be taken away that just might save the next officers and those who they must contact from a lifetime of pain and anguish. Or far worse.