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NYPD Cops Should Have Ducked for Cover, Attorney Says

January 13, 2011  | 

Two NYPD officers who fatally shot a crazed man who was swinging a metal chair should have ducked for cover rather than firing, an agency attorney said.

Officers Dawn Ortiz and India Archie were cleared of wrongdoing in 2008 by a police firearms review board soon after the shooting. However, Rita Bieniewicz, a prosecutor in the legal bureau, laid out the tougher disciplinary case against the cops in detail last week in an internal document, reports the New York Daily News.

Ortiz told investigators she had backed up as far as she could due to a row of shrubs behind her in a Coney Island parking lot on Nov. 13, 2008, when she fired one shot at rampaging Gilbert Blanco, 45. Bieniewicz contended the cop had better options.

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Comments (7)

Displaying 1 - 7 of 7

Bob @ 1/13/2011 11:33 AM

Cops are not paid to "take cover" and in fact have no duty to retreat! The fact that she backed up to the bushes is not tactically sound as she then has no where else to retreat to and then was forced to use deadly force. But I guess the fact that she was backing up plays better with liberals...

Kyle @ 1/13/2011 6:22 PM

Thirty years ago an attorney would have been laughed at for attacking this cop. This world and this nation is getting more disgusting. C'mon people. Chair to the head or shoot at the perp...I know my choice, the same choice she made. <><

C Swanson @ 1/14/2011 8:12 AM

The SCOTUS will not even rule on pre-shooting techniques, tactic or behavior of police, so where does this attorney get the idea she can. The only thing that was important is what was happening at the moment the police officer pressed the trigger. Police officers have no duty to retreat; nor are they required to ignore a threat. I would have made the same choice.

David @ 1/14/2011 2:51 PM

The Officer deserves a comendation for attempting to save the life. She only took a life as a last resort.

Morning Eagle @ 1/17/2011 12:23 PM

This is ludicrous! It is almost beyond words. Cases like this make one wonder if those administrative level decision makers ever worked the street, ever faced a lethal threat right up close, ever had to make a 360 degree assessment of the overall situation and concurrently make a split second decision on what level of force would be necessary to keep from getting their head bashed in? If they ever did, they must have forgotten what it is like. And has that brilliant NYPD legal prosecutor ever done anything but sit in her secure and probably well guarded office and figure out ways to second guess the actions of real police officers? Has she ever been out there and done that or even gone on a ride-along in a volatile area? What has happened to the upper echelons of police departments, especially the largest ones? Is one of their job requirements to go have a lobotomy?

Stan @ 1/17/2011 8:05 PM

As I see it, it is us against them. Could there have been better ways to handle the situation, maybe. But anyone can second guess after the fact. If the Cops were not negligent in their duty then there is nothing to do then move on. We don't get hired to get killed, it's not part of our job discription. The lawyer pushing this has no idea

Eddie Ramirez @ 2/14/2011 1:34 PM

These Officers deserve a commendation! It is so easy for someone to "Second guess" when they are not directly involved and not in danger!

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