Police shoot off-duty NYPD officer holding gun

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rick_reno

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Tragic.

NEW YORK - In a tragic case of mistaken identity, police shot and critically wounded an off-duty officer as he pointed a gun at a suspect outside a fast food restaurant early Saturday, authorities said.

Eric Hernandez, 24, was hit three times and was hospitalized in extremely critical condition, Mayor Michael Bloomberg said.

The officer who pulled the trigger, identified only as a 20-year veteran of the force, was being treated for trauma at another hospital.

Hernandez had been in line at a White Castle restaurant in the Bronx shortly before 5 a.m. when he was assaulted by a half-dozen men, Bloomberg said. It wasn’t immediately clear what sparked the fight, but it was captured on the restaurant’s security camera.

A White Castle employee called 911, and Hernandez—with his gun drawn—ran into the parking lot after his assailants, Bloomberg said.

He apparently subdued one of the suspects, and when a patrol car arrived, was pointing his gun at a man on the ground.

One of the two officers, apparently believing Hernandez was about to shoot,in the car opened fire, Police Commissioner Ray Kelly said.

Hernandez, who joined the force in 2004, never fired his weapon, authorities said. He was shot in each leg and the abdomen and lost a lot of blood, Bloomberg said.

Kelly said officials were questioning eight individuals about the shooting, including the six who fought with Hernandez inside the White Castle.

It was believed to be the NYPD’s first friendly fire shooting since Desmond Robinson, who wasn’t in uniform, was shot in the back by an off-duty officer in 1994. Robinson had his gun drawn on a subway platform, and the officer mistook him for a criminal.
 
Thank God the cops in New York all know that no private citizen can own a handgun or carry a concealed weapon. He must have been a criminal!
 
A tragic event to be sure, but one wonders if there will (again) be a call to restrict off-duty law enforcement officers from carrying ...
 
Cops arrive on scene. They see one person (unknown ID) holding another (unknown ID) at gunpoint. Weapon is NOT pointed at police. Do they attempt to ascertain the ID of either man?

Nope. They open fire.

Seems negligent at best. While I don't think police need to obtain complete psychological backgrounds on everybody in every "man with a gun" incident, in those instances where the gun is not pointed at the cops, it might be a good time to ask questions FIRST.
 
Yet another example of the "shoot first, ask questions later" policy that seems to be inforced by many PDs across the country. As a CCWer, I honestly am more afraid of being shot by a cop than by a bad guy.
 
First, what happend is a tragic event. I cover off-duty encounters every year when I qualify my dept. Responding on-duty LEO's may not recognize, or even know you. They have no idea of your intentions, which in this case was to hold a suspect at gunpoint until on-duty LEO's arrived. The responding officers pull up and see one guy pointing a weapon at another guy.

Did the off-duty LEO identify himself? Did the on-duty LEO's order the man (off-duty LEO) to drop his gun? Did they have time to issue such order? Did or could the man (off-duty LEO) have heard such an order if it was given? The on-duty officers perceived a threat to the man on the ground and did what they thought was necessary to save his life.

I guess they should have waited to see if the guy holding the gun would have shot the guy on the ground, right? And no there won't be a call to restrict off-duty carry of a weapon. The man holding the gun could have easily been holding a knife or a pipe. Same threat of deadly force exists.
 
More uninformed speculation from those who weren't there. Note:
One of the two officers, apparently believing Hernandez was about to shoot,in the car opened fire,
If Hernandez didn't identify himself as a cop when the other cops showed up ... who knows ... law enforcement is justified in shooting to save a life. Article provokes more questions than it answers, so once again, making judgements about this shooting is useless and will only engender another "bad cop shooting" thread.
what an idiot, you never shoot first and ask questions later.
And you base this statement upon how many incidents you've been involved in where guns were drawn?
 
Come on, lets hear from the "experts" on this board.

Put you in the same situation. You come around the corner and see one man over another. The man on top is holding a weapon (I'll let you take your pick, gun, knife, pipe, rock, etc) and looks like he is about to use it against the other man, what do you do?? Right now, not two seconds from when you turn the corner, not sitting behind your monitor, from the second you see the above, what are you going to do???
 
Given my training and knowing that I personally can't ethically make life-or-death assumptions about a situation such as this I come upon, I'd probably take the time to aim in and challenge and then fire if disobeyed. I accept the risk I might be shot because, as a private citizen, I choose to.

The police should do the same, but instead of by choice rather because that is what we pay them to do.

I wasn't there but, running some possible scenarios, if the off-duty ignored a command to drop his weapon, or looked like he was actually squeezing the trigger, I can agree it is a tragic accident caused primarily by the off-duty's actions.

If he was shot because the responding officer just dumped the guy with the gun without attempting to figure out what was going on (off-duty officer and armed self-defense by non-LEO's being legal and not incredibly uncommon and all) then it is a tragic (or negligent) accident caused by the responding officer not making a responsible decision.

If the man with a gun was truly a bad guy and the officers delay in shooting him caused by trying to figure out the situation led to the death of a good guy on the ground, that would be murder by the bad guy and still the most responsible overall choice by responders.

We have to roll the dice in favor of the innocent, even at risk to ourselves.
 
Steve in PA said:
Come on, lets hear from the "experts" on this board.

Put you in the same situation. You come around the corner and see one man over another. The man on top is holding a weapon (I'll let you take your pick, gun, knife, pipe, rock, etc) and looks like he is about to use it against the other man, what do you do?? Right now, not two seconds from when you turn the corner, not sitting behind your monitor, from the second you see the above, what are you going to do???

Well, I'm not an expert, but I would hope to GOD if it was me that the cop on the scene would order me to drop my weapon, and keep BOTH of us covered until he sorted out who was who.


IF that happened and I was stupid enough to ignore the command to drop my gun then all bets are off.

That's my hope as a citizen with a concealed permit. Anything other than that I'm dead and I hope my widow sues whoever shot me into oblivion.
 
Depends on how accurate post #1 wrote the information and how accurate the information he read was.. (please Rick_reno don't be offended!) Commish Ray Kelly makes it almost sound like the uniforms were affraid that the off duty cop was going to fire into the car.. It didn't sound like the uniforms rolling in gave Hernandez the chance to ID himself.. good thing he wasn't a good shot! (I wonder how many times the car cop had to fire to hit where he did?) Did the guy calling in the problem know that Hernandez was an OD cop? Or did he just report a guy with a gun ready to shoot up another guy/guys? Thats the trouble with getting info from TV or the papers, how accurate is their reporting? Just a bit more accurate info could change the entire view of what went on... That OD cop could have been more proactive (I hate that word, sorry!) in his own safety.
We as private permit carriers have to react under a bunch of different rules than a LEO gets too. I know that and I'm NO expert.
 
Put you in the same situation. You come around the corner and see one man over another.

When I have no way of determining that the person being attacked doesn't well deserve what they are receiving I'll do nothing besides ensure my own safety. That's not theory, BTDT. I don't get paid to save everybody.

If I believe it is an undeserved criminal assault I would not shoot without words unless it was a family member being threatened. I will attempt to find out what is happening. If he threatens me for interfering whether he replies or not too bad for him.
 
More training again?
They dont need training, they need the common sense not to shoot somone on sight just because they have a pistol in their hand.

The nature of this story leads me to believe they didnt do so much as shout at him or look at the situation before opening fire.
 
Maxwell said:
More training again?
They dont need training, they need the common sense not to shoot somone on sight just because they have a pistol in their hand.

The nature of this story leads me to believe they didnt do so much as shout at him or look at the situation before opening fire.

Good point. I was assuming that they were acting as they were trained, and that their training was faulty.

As for common sense in a crisis, might be easier said than done. Maybe the guys writing the policies need the common sense.
 
Again, answer the question, you see someone holding a weapon on another person and have to make a split second decision....RIGHT NOW!!! What do you do?

Based on what you see, if you hesitate one guy looks like he is about to kill another guy. Should a warning be issued? Of course, if time permits. The police were dispatched to a call about a man being assaulted. They pull up and see one man over another with a gun being pointed. Did the officer that shot, over react, fire too soon? Perhaps. But if the guy he shot was indeed a bad guy, he'd be a hero.
 
You can not trust the news organizations to get the facts correct. The cable TV news reported this as an accidental shooting; meaning, I am sure, that the three shots accidentally fired were in fact deliberately fired without the facts being ascertained first, and without identification of the off-duty officer being made before the trigger was pulled (three times). One story has the officer who fired the shots being treated for trauma (I would guess that means he knows he screwed up).
 
VERY SAD , SHOULD HAVE BEEN SOME TYPE OF WARNING FIRST.
IF A CCW PERSON DID THIS THEY WOULD BE IN BIG TROUBLE
 
Again, answer the question, you see someone holding a weapon on another person and have to make a split second decision....RIGHT NOW!!! What do you do?

I teach judgmental use of force to law enforcement agencies.

If you are not responding to an "active shooter" situation, and have no knowledge that the armed suspect has used his weapon to shoot others, you would take cover, cover the suspect, and yell "Police! Don't Move! Put the weapon down!" You would use deadly force only if it appeared that the suspect was about to shoot the third person, or if he tried to turn the weapon on you.

If, however, it appears that the suspect is about to shoot, you would be justified in shooting without warning. The courts require that a verbal warning be given before using deadly force when feasible[./I] If you believe that giving a warning would be likely to result in the serious injury or death to the third person, you would be justified in using deadly force without giving warning.

That's the downside to carrying a concealed weapon if you're a retired officer, ccw holder, or out-of-jurisdiction officer. :uhoh:
 
I have not been posting here lately for a personal reason; but when I saw an article on this shooting on a local NY news website I also then wanted to see how all the armchair experts at THR would react to the tragic shooting of this officer. So I stopped by and saw this thread. As I expected, a great number of you have made up your minds on this issue as it being a bad move by the cop who fired the shots, and as far as I can see some of you used, in essence, the following concepts to bolster your particular form of reasoning:

NYC cops are less than intelligent

It Happened in NYC so what else could one expect

The cop who fired did not follow proper procedure (I wonder have you been trained by the NYPD, are you aware of their procedures)

All cops are less than intelligent

Whatever you feel is correct is the way it must have happened (I guess because you are all gurus of some sort)

The News media are the gods of truth and everything they print in an article must be absolute truth when it makes a cop look bad.

Of course there are more concepts behind your reasoning that I could mention but you get the idea. Now - read the article below and rethink (if you actually thought at all before writing the first time around) about what some of you have written here. This article (http://1010wins.com/topstories/local_story_028090932.html) was posted just about 1 hour ago at 9:53PM eastern time by a local NY radio station on its website. Sure adds some more alleged facts to the mix, doesn't it.

Jan 28, 2006 9:53 pm US/Eastern
(1010 WINS) (NEW YORK) An off-duty police officer holding a man at gunpoint after getting into a fight at a Bronx fast food restaurant was shot three times by another officer Saturday morning in a tragic case of mistaken identity, authorities said.

Eric Hernandez, 24, who joined the force in 2004, was in grave condition at St. Barnabas Hospital, said Mayor Michael Bloomberg.

Hernandez underwent almost four hours of surgery following the 4:55 a.m. shooting, where he was struck once in each leg and a third time in the abdomen.

The officer who shot Hernandez was taken to Jacobi Hospital for treatment of trauma. Officials identified him only as a 20-year veteran of the department.

According to Bloomberg, Hernandez was in line at a White Castle restaurant in the Tremont section when he was assaulted by a half-dozen men. It was unclear what precipitated the fight, which was captured on the restaurant's security camera.

A woman called 911 from the restaurant, and Hernandez — with his gun drawn — ran into the parking lot after his assailants, Bloomberg said. The officer apparently subdued one of the suspects, and was standing over him with his gun pointed when a patrol car arrived.

One of the two officers in the car "apparently thought (Hernandez) was about to shoot another individual being held at gunpoint," said Police Commissioner Ray Kelly. The officer then opened fire, Kelly said. Two of the bullets struck main arteries, leaving the wounded officer with massive blood loss.

Hernandez never fired his weapon, authorities said.

Tests conducted at the hospital indicated that Hernandez was intoxicated at the time of the incident, according to a law enforcement official.

Civilian witnesses told investigators they heard the patrol officers tell Hernandez to drop his gun, said the official, who asked not to be named because of the nature of the investigation.

The officer's father was at the hospital with his son in the hours after the shooting.

Kelly said police were questioning eight individuals about the shooting, including "most of" those who fought with Hernandez inside the White Castle.

It was believed to be the NYPD's first friendly fire shooting since Desmond Robinson, who was in plainclothes, was shot in the back by an off-duty officer on Aug. 22, 1994. Robinson had his gun drawn on a subway platform, and the officer mistook him for a criminal.

The shooting came one day after another officer died following a struggle with suspects on the Upper East Side of Manhattan. Kevin Lee, a 10-year NYPD veteran, was part of a surveillance team that was tailing a group of men who appeared to be casing stores on Lexington Avenue shortly before 6 p.m., police said.

After being told by employees at one of the stores that the men might have taken a laptop computer, the officers moved in to make an arrest.

Lee, 31 died at Lenox Hill Hospital just before 8 p.m. Friday. The cause of death remained undetermined.

(TM & © 2006 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & © 2006 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. In the interest of timeliness, this story is fed directly from the newswire and may contain occasional typographical errors. )

I am not saying the 2nd article is correct or complete but it adds much more to the mix for those of you who were so sure that:

Thank God the cops in New York all know that no private citizen can own a handgun or carry a concealed weapon. He must have been a criminal!

Seems negligent at best.

what an idiot, you never shoot first and ask questions later

Yet another example of the "shoot first, ask questions later" policy that seems to be inforced by many PDs across the country. As a CCWer, I honestly am more afraid of being shot by a cop than by a bad guy.

What do you expect in NY, non-uniformed guy w/gun =Crimminal there.

More training again?
They dont need training, they need the common sense not to shoot somone on sight just because they have a pistol in their hand.

The nature of this story leads me to believe they didnt do so much as shout at him or look at the situation before opening fire.

VERY SAD , SHOULD HAVE BEEN SOME TYPE OF WARNING FIRST.

I am not saying the second article is correct and the first is incorrect, but I am saying that anyone who made an absolute judgment based on the first article was out of line. When you look at just two added sentences in the 2nd article, I think you might be able to envision another scenario other than one in which the shooting officer did not identify himself and tell the officer who wound up shot to drop his weapon. You might also think, hey maybe there was a REALLY good chance that Officer Hernandez, who was shot, did something he should not have done when the other cop ordered him to drop his weapon and maybe, just maybe, it was because of something that INFLUENCED him.

Tests conducted at the hospital indicated that Hernandez was intoxicated at the time of the incident, according to a law enforcement official.
and
Civilian witnesses told investigators they heard the patrol officers tell Hernandez to drop his gun, said the official, who asked not to be named because of the nature of the investigation.

I think there is still a lot more to this story that has yet met the eye of the average Joe reading a news article. For instance there was a 911 call, what did the caller tell the 911 operator about the incident and possibly about Hernandez! It also seems much more likely that the arriving officers may have followed proper procedure and that Officer Hernandez may not have followed proper procedure if the second article is correct. Do you know what is the proper procedure to follow when uniformed officers wind up on a scene and tell you “Police, don’t move” or “Police, drop the weapon” or “simply drop the gun”. Do you know what would then justify an officer shooting in such a situation where the guy being ordered to do something by uniformed police does not follow the orders. I really find myself wondering if Officer Hernandez did not follow whatever commands he may have been given, and if he did not follow proper procedure himself, if for no other reason than because he was allegedly intoxicated at the time. Give it some time before you fry anyone in this shooting, get at least most of the facts before you absolutely damn someone. Of course you can continue to speculate, but why not call it as such – speculation and guesswork based on what little you know instead of taking the low road. Can you imagine the psychological hell the shooting officer will go through, even if the officer who was shot does not die, and even if he was fully justified in shooting. I am pretty sure he doesn’t need your help in making himself feel guilt ridden whether he is guilty or not of a bad shooting, and he especially does not need your help at making him feel even more guilty if it was in fact a good shoot.

Whatever, it is a dammed shame it happened at all.

Best regards to all,
Glenn B

footnote: I kept calling the article I quoted in full 'the 2nd article' in this thread, and I was of course referring to the original post of this thread as having contained article number 1. Now that I have read that 1st post over a few more times I see that it was never quoted as being a complete article. Could it be that someone selectively editied the artcile and just placed whatever words he felt were important, or whatever he wanted to comment upon, in said post. I am not saying that Rick Reno did any wrong, I don't know if those are his sumations or a whole article verbatim, it does not really matter. Those who read that post and did not even think that it may have been paraphrased or edited made, I think, a big mistake if you condemed the actions of anyone based on that thread and your feelings alone. Maybe the best thing to do would be to keep both of the officers, the physically wounded one, and the psychologicaly traumatized one, in our thoguhts and prayers. Hopefully both will pull through this.
 
My impressions were such that I'd substitute 'well trained' for 'intellegent', Glenn.

Tragic accident, that we all have to worry about if we're forced to use our firearms in self defense.

If you're not in uniform, be careful of how you arrest people?
 
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