MINEOLA, N.Y. (AP) — A North Carolina college student hit by police gunfire during a shooting outside the Empire State Building argued in a lawsuit Tuesday that the police department and the officers involved need better training to deal with such confrontations in the future.
Nine bystanders, including 32-year-old Chenin Duclos, were hit by police bullets, ricochets and fragments when two officers fired at a man suspected of gunning down a former co-worker outside the Manhattan landmark.
Duclos said in a lawsuit filed Tuesday in Manhattan’s state Supreme Court that the department and the officers were “grossly negligent” in the way they handled the shooting — firing 16 shots on a crowded street outside one of the world’s largest tourist attractions.
Amy Marion, an attorney representing Duclos in the lawsuit, said the NYPD needs to improve training.
“They consistently fail to properly train employees and officers in the settings they will encounter,” she said.
City officials did not immediately comment on Tuesday’s lawsuit. Police Commissioner Raymond Kelly and Mayor Michael Bloomberg said after the shooting that they believe the officers followed proper protocol.
Wearing a business suit and carrying an attache bag, Jeffrey Johnson waited for Steven Eroclino outside the Empire State Building in August and opened fire. He then slipped the gun into his bag and calmly walked up the street, police said. Two construction workers who witnessed the shooting followed him and notified the two officers stationed outside the skyscraper as part of the department’s counterterrorism efforts. Video showed Johnson turning, facing the officers and raising his weapon as they opened fire.
The lawsuit contends police were “grossly negligent in not waiting to confront Johnson until he moved to a location where innocent bystanders were not present.”
Marion said she believed the lawsuit filed by Duclos was the first since the shooting, although others have filed notices of claim, signaling their intention to sue.
Duclos is a resident of Chapel Hill, N.C., and is in her second year studying physical therapy at the University of North Carolina. She said recovery from her injuries, including a shattered femur, slowed her education.
And if not for a detour through New York City, she said she may have never been shot.
She explained she had arrived by train at Grand Central Terminal and was walking with a friend across town to Pennsylvania Station to catch another train to a family reunion in New Jersey when she was shot as she crossed Fifth Avenue and 34th Street.
“I started to hear what I thought were gunshots,” she said. “Everything happened really quickly. People were starting to run, screaming and yelling.”
Moments later she felt what seemed like a punch to her left hip.
“All of a sudden I was on the ground,” she said. “I couldn’t move my leg; I knew I was hit by something but it was really hard to connect with the idea it would be a bullet.”
She said she is still working with physical therapists on regaining her mobility, only using a crutch when absolutely necessary.
The lawsuit seeks unspecified damages.
Also On Black America Web:
This Week’s Celebrity Instagrams (6/18-6/24)
25 photos Launch gallery
1. Me & the homie @jaleelwhite #RujohnFoundation Happy to be in Jamaica! Good times
1 of 25
2 of 25
3 of 25
4 of 25
5. Good Morning. Early day in Detroit! Making press rounds for @thebossnetwork's Ladies That Lead Tour. Thank you @traycemadre and @colourbynumbr for my glam.
5 of 25
6. POWER the best show on TV @djenvy, Queens we so big out here. #EFFENVODKA #FRIGO
6 of 25
7. They said u lost a step, wasn't explosive as once was, the best days was in the real view, questioned your drive, your leadership, your commitment, you don't have killer instinct, going back home is the worst mistake in your career, he got the coach fired, players traded, won't work between him and Kyrie, Him and Kev won't work, love your teammates to much, there's no way he can deliver a championship in his hometown, etc etc etc.... But guess what THATS NONE OF MY BUSINESS #StriveForGreatness #ThisOneIsForTheLand #PutSomeRespeckOnMyName Hahahaha!!! Yes sir
7 of 25
8. Oooooh weeee this man right here is responsible for at least three of our four babies!! #JOE ❤❤❤🎤 #rnb #king #voicelikebutter #ForPeetesSake
8 of 25
9. Hanging with my @abcnetwork family! @abcunclebuck tonite y'all check us out ! @anthonyanderson @traceeellisross
9 of 25
10. My broski ( @sayeedshahidi ) and I are on Top 5 Live on @go90 at 5 (which is super duper close)! Make sure to tune in :) #UncleBuck #Blackish
10 of 25
11. Lights out💤 #GoodNight
11 of 25
12. Late nights mornings
12 of 25
13. Ran into the lovely talented @siedahgarrett on this brutiful favvuz deh!
13 of 25
14. #halal #love #thedargans #kattwilliamsSHOW #mashallah when that Jennah piece HIT!! @sweetjennahcollection glasses by @baddieglamaccessories LIZ 😍 @dynamiteko top @dazzledmv and jeans @thevision414 and shoes: @louboutinworld
14 of 25
15. Big Hair and Optical Illusions #OceanDrive #MiamiLiving #coverparty
15 of 25
16. MAMA and THE SAVAGES ... ⚓️ #supportyourlocalgirlgang
16 of 25
17. From the bottom of my ❤️, thank you new followers & old! & hello fellow night owls! #grateful #racheltrue #naturalhair #curlyhair #curlygirl #healthyhair
17 of 25
18. I feel so grateful because I met these amazing young minds, visiting from Houston TX, during their college tour stop today at #usc.These students are ALL extraordinary and embody academic excellence so I'm humbled to have shared a few moments with them to applaud and celebrate their bright futures ahead! Thank you @EmergeFellows for inviting me to speak and blessing me with your love and attention this afternoon!
18 of 25
19. Happy Fathers Day Pops. U taught me how to be a man. Lessons of love, hard work & gratefulness. Sorry the fishing didn't stick. LOL. I Love U!
19 of 25
20. Sky Zone and Ice Cream! Best Fathers Day Ever!! Photo credit @mariahcarey
20 of 25
21. Look what finally came in the mail 😎 #mtvmovieawards2016 💥+🌽! #straightouttacompton
21 of 25
22. Claudia Jordan: ....
22 of 25
23. 'Member that time I almost knocked a bajillion dollar camera off the car? Really? Yeah, me neither! #Greenleaf Episode 2 comin atcha!
23 of 25
24. Full of love. #birthday #Cabo
24 of 25
25. Oh hey! Look who just joined Snapchat
25 of 25