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June 11, 2003, 06:39 AM
http://www.startribune.com/stories/462/3927842.html
Wounded Minneapolis officer spreads the blame
Howie Padilla, Star Tribune
Published June 10, 2003 NGO10
The Minneapolis police officer who was shot in February while doing plainclothes surveillance blames not only a fellow officer who fired the submachine gun rounds, but also two department supervisors who allowed the officer to carry the weapon, according to a federal suit filed Monday.
Named as defendants are Charles Storlie, the officer who shot Duy Ngo; the unidentified supervisors, and the city. In court documents, Ngo blames Storlie for violating his civil rights by using improper deadly force and acting maliciously or with reckless disregard for his rights.
Ngo is on paid leave and undergoing up to 30 hours of physical and occupational rehabilitation a week, his attorney said. He walks with a limp and has not regained use of his left hand. Police have said that Storlie shot Ngo once in the torso, once in an arm and once in each leg.
The suit accuses supervisors of issuing Storlie the submachine gun, "knowing his record for use and misuse of force, including deadly force on others." The suit said it is believed that the supervisors "knew of Storlie's propensity to dramatize, imagine, and thereby mentally incorporate personal danger into calls where such a danger may not be present in reality."
Fred Bruno, a private attorney who is representing Storlie in the Police Department's internal investigation but not in the civil case, said Monday: "We'll have to let this play out in the legal system."
The city and Police Department declined to comment.
But Sgt. John Delmonico, president of the police officers' union, said: "It is a tragedy for both people. I've worked with Duy and his wife to try to make sure things were taken care of, just like I have with Storlie.
"But I stand by our department. And the allegations with respect to our training and practices are just not true."
The suit accuses the city of failure to train officers in the use of deadly force and failing to put into place appropriate policies regarding the use of force when using the submachine guns, known as MP-5s. The city also failed to implement appropriate policies when plainclothes officers ask for help, according to the suit.
Robert Bennett, Ngo's attorney, said that his client didn't make any threatening moves and acted appropriately the night of the shooting. He said that Storlie's partner didn't fire his gun at Ngo, indicating that Ngo did the right thing.
"He had a vest on that said 'police' on it. He had his sweat shirt open, and he didn't have his guns when he was shot," Bennett said. "He knew police were coming to a call of 'officers shot.' He knew what to do to not get shot."
Ngo, who had recently been assigned to work with the Minnesota Gang Strike Force, was doing surveillance Feb. 25. He had been called to report for duty with the Army Reserves and was trying to gather more intelligence on a "high narcotics address" that he could pass on to his colleagues, he has said.
About 2:30 a.m., a suspect fired at him while he was in the car, but Ngo's bullet-resistant vest stopped the slug. Ngo got out of the car and chased the suspect, but collapsed and radioed for help.
Believing Ngo was the suspect, Storlie shot him four times with a submachine gun, according to police accounts, although Ngo's attorney said that he was shot at least seven times.
In talking Monday about Storlie's background, Bennett pointed to the 1997 shooting of Lawrence Miles Jr. in south Minneapolis. Miles, who was 15 at the time, had a BB gun as he ran past Storlie. Storlie shot and wounded Miles, believing the teenager was pointing a gun at his partner.
Miles and a friend were playing BB-gun tag in the 3600 block of Chicago Av. S. at 1:30 a.m. when that shooting happened. Storlie was exonerated by the Police Department and the Hennepin County attorney's office. Last year, a federal jury found no police brutality in that case and declined to award money to Miles.
There have been no disciplinary actions taken against him in the past seven years, according to police records.
Storlie, who is trained in emergency response situations, has returned to work in the city's Third Precinct. Inspector Sharon Lubinski declined to discuss the case Monday.
Storlie is among the emergency response unit members trained to carry MP-5s. The guns use 9mm bullets and can fire in short, multiround bursts. Lubinski said that last year officers with such training were authorized to carry the weapon in active shooting situations. This was in response to a 2001 Columbia Heights shooting incident in which three officers were shot.
David J. Byrne shot Columbia Heights police officer Michael McGee in the back as McGee walked home from work July 17. After McGee took cover in a neighbor's house, a gun battle between Byrne and other officers broke out in the residential neighborhood. Two more officers were wounded before police shot Byrne and arrested him.
Byrne was later found not guilty by reason of mental illness.
Delmonico said he was surprised when he read Monday's lawsuit.
"I wondered what happened to take Duy from worrying about Storlie and understanding what Storlie was going through to making these accusatory statements," he said. "I question the motives behind the suit."
The difference, Bennett said, is the line between personal forgiveness and the professional accountability that Ngo believes Storlie and the department are shirking.
"You don't go hide your head in the sand on the issue of professional accountability," Bennett said.
Wounded Minneapolis officer spreads the blame
Howie Padilla, Star Tribune
Published June 10, 2003 NGO10
The Minneapolis police officer who was shot in February while doing plainclothes surveillance blames not only a fellow officer who fired the submachine gun rounds, but also two department supervisors who allowed the officer to carry the weapon, according to a federal suit filed Monday.
Named as defendants are Charles Storlie, the officer who shot Duy Ngo; the unidentified supervisors, and the city. In court documents, Ngo blames Storlie for violating his civil rights by using improper deadly force and acting maliciously or with reckless disregard for his rights.
Ngo is on paid leave and undergoing up to 30 hours of physical and occupational rehabilitation a week, his attorney said. He walks with a limp and has not regained use of his left hand. Police have said that Storlie shot Ngo once in the torso, once in an arm and once in each leg.
The suit accuses supervisors of issuing Storlie the submachine gun, "knowing his record for use and misuse of force, including deadly force on others." The suit said it is believed that the supervisors "knew of Storlie's propensity to dramatize, imagine, and thereby mentally incorporate personal danger into calls where such a danger may not be present in reality."
Fred Bruno, a private attorney who is representing Storlie in the Police Department's internal investigation but not in the civil case, said Monday: "We'll have to let this play out in the legal system."
The city and Police Department declined to comment.
But Sgt. John Delmonico, president of the police officers' union, said: "It is a tragedy for both people. I've worked with Duy and his wife to try to make sure things were taken care of, just like I have with Storlie.
"But I stand by our department. And the allegations with respect to our training and practices are just not true."
The suit accuses the city of failure to train officers in the use of deadly force and failing to put into place appropriate policies regarding the use of force when using the submachine guns, known as MP-5s. The city also failed to implement appropriate policies when plainclothes officers ask for help, according to the suit.
Robert Bennett, Ngo's attorney, said that his client didn't make any threatening moves and acted appropriately the night of the shooting. He said that Storlie's partner didn't fire his gun at Ngo, indicating that Ngo did the right thing.
"He had a vest on that said 'police' on it. He had his sweat shirt open, and he didn't have his guns when he was shot," Bennett said. "He knew police were coming to a call of 'officers shot.' He knew what to do to not get shot."
Ngo, who had recently been assigned to work with the Minnesota Gang Strike Force, was doing surveillance Feb. 25. He had been called to report for duty with the Army Reserves and was trying to gather more intelligence on a "high narcotics address" that he could pass on to his colleagues, he has said.
About 2:30 a.m., a suspect fired at him while he was in the car, but Ngo's bullet-resistant vest stopped the slug. Ngo got out of the car and chased the suspect, but collapsed and radioed for help.
Believing Ngo was the suspect, Storlie shot him four times with a submachine gun, according to police accounts, although Ngo's attorney said that he was shot at least seven times.
In talking Monday about Storlie's background, Bennett pointed to the 1997 shooting of Lawrence Miles Jr. in south Minneapolis. Miles, who was 15 at the time, had a BB gun as he ran past Storlie. Storlie shot and wounded Miles, believing the teenager was pointing a gun at his partner.
Miles and a friend were playing BB-gun tag in the 3600 block of Chicago Av. S. at 1:30 a.m. when that shooting happened. Storlie was exonerated by the Police Department and the Hennepin County attorney's office. Last year, a federal jury found no police brutality in that case and declined to award money to Miles.
There have been no disciplinary actions taken against him in the past seven years, according to police records.
Storlie, who is trained in emergency response situations, has returned to work in the city's Third Precinct. Inspector Sharon Lubinski declined to discuss the case Monday.
Storlie is among the emergency response unit members trained to carry MP-5s. The guns use 9mm bullets and can fire in short, multiround bursts. Lubinski said that last year officers with such training were authorized to carry the weapon in active shooting situations. This was in response to a 2001 Columbia Heights shooting incident in which three officers were shot.
David J. Byrne shot Columbia Heights police officer Michael McGee in the back as McGee walked home from work July 17. After McGee took cover in a neighbor's house, a gun battle between Byrne and other officers broke out in the residential neighborhood. Two more officers were wounded before police shot Byrne and arrested him.
Byrne was later found not guilty by reason of mental illness.
Delmonico said he was surprised when he read Monday's lawsuit.
"I wondered what happened to take Duy from worrying about Storlie and understanding what Storlie was going through to making these accusatory statements," he said. "I question the motives behind the suit."
The difference, Bennett said, is the line between personal forgiveness and the professional accountability that Ngo believes Storlie and the department are shirking.
"You don't go hide your head in the sand on the issue of professional accountability," Bennett said.