Sorry for the delay in posting but between work and reading the transcripts of Benefield and Guzman, I've been unable to post for a bit.
Portions of the Transcript:
Uh, the first thing I saw, the first
5 undercover that I saw was Detective Isnora, on the east
6 sidewalk. He had his gun raised in his right hand and was
7 walking from the sidewalk, out into the street, in front
8 of a car that was parked, but had its headlights on.
A The Altima then came forward, as I said, at a
15 high rate of speed, had a head-on collision with the van
16 that I was in. Um, it then put the car in reverse, cut
17 the steering wheel to make a turn back, in the direction
18 of Detective Isnora, who was still standing on the street
19 at that point, made almost a right-angle turn, went back,
20 again at a very fast rate of speed, and had a collision
21 with the metal roll-down gate on the wall, blowing out the
22 back window of the Altima.
At this point I still heard Detective Isnora
16 yelling, and there were other voices at this point also
17 yelling police commands: Police, show your hands. Police,
18 don't move. I believed at this point that there was no
19 possible way that the people in the car would try to make
20 any further actions.
As the car came forward off the curb,
21 Detective Isnora who was now at this point almost walking
22 alongside the car, started to walk towards the front
23 passenger seat -- front passenger door of the car and
24 started yelling: He's got a gun, he's got a gun, and
25 shooting towards the front passenger section of this car.
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PO M. Carey - Defense - Direct/Culleton
4617
1 A After the impact with our car I stepped out wide
2 of my open door, I took aim towards the front passenger of
3 the car above the windshield -- above the engine block and
4 fired three rounds through the windshield. After I fired
5 those three rounds, I noticed through my peripheral vision
6 that Detective Isnora was walking almost into my line of
7 fire. To avoid any kind of crossfire or basically me
8 hitting Detective Isnora I lowered my gun and stopped
9 shooting at that point.
I ducked down behind the open door,
10 my open passenger side door because I believed that the
11 front passenger had a gun and was firing back at us. I
12 took -- I ducked down to try to cover myself. Within that
13 split second that I was ducked down there, I looked out
14 passed the door and observed the back passenger get out of
15 the door from behind the driver's side and start to run
16 towards the sidewalk.
Q Did you receive -- prior to this incident, did you
9 receive training by the New York City Police Department with
10 respect to the use of deadly physical force, when it could
11 be used, when it could not be used?
12 A Yes.
13 Q And did you receive training by the New York City
14 Police Department as to when you were using deadly physical
15 force what you were supposed to do?
Q And what part of the passenger did you direct your
24 fire at?
25 A I know that gunfire -- the engine block was
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P.O. M. Carey - Defense - Cross/Martin
4651
1 covered from a round from a nine-millimeter gun. I was
2 aiming my firearm above the engine block which would have
3 been through the windshield over the dashboard. What I was
4 able to see of the passenger was about mid-chest level up.
Cross by the People
Q Well, let's explore that. Did you ever believe,
12 at any point in this incident, that you yourself were being
13 fired upon?
14 A Me, myself? No.
15 Q Did you ever, at any time, see a weapon in the
16 hands of a civilian?
17 A No.
Q Are you telling the Court that the fact that you
11 did not believe you were firing -- being fired on had no part
12 in your decision to stop firing?
13 A That's correct. At the time that I stopped
14 firing, I did believe that Detective Isnora was still being
15 fired upon. I, however, did not want to hit him.
Q Now, during the course of the incident and --
8 withdrawn. When you got out of the P-van and fired your
9 shots in rapid succession, your shield was not displayed; was
10 it?
11 A No, it wasn't.
12 Q At the time that you saw Detective Isnora firing
13 his weapon into that vehicle, you did not see any shield; did
14 you?
15 A No, I didn't. I couldn't see the front of them.
16 Q You did not see a shield displayed by any member
17 of your team during this incident when the shooting is taking
18 place; did you?
19 A No.
20 Q You indicated that after the incident was over,
21 there came a time when you saw shields on some of the members
22 of your team; is that correct?
23 A Correct.
Q There is a patrol guide provision which deals with
2 shooting at moving vehicles; isn't that correct?
3 MR. RICCO: Objection. Assuming facts not in
4 evidence.
5 THE COURT: Sustained.
6 MR. RICCO: Judge, can you --
7 THE COURT: I ruled.
Why hasn't the patrol guide been put into evidence?
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M. Carey - Defense - Cross/Testagrossa
4692
1 the reason why I thought he was walking into my line of fire.
2 Q I'm going to ask you, if you would, to stop me
3 when I'm as close to you as you believe Detective Isnora was
4 to the side of the vehicle.
5 A Stop.
6 MR. TESTAGROSSA: Seven feet, your Honor?
7 THE COURT: Seven, eight feet. Yeah.
8 MR. TESTAGROSSA: All right.
9 Q As he's doing this, Detective Isnora is out in the
10 open; is that correct?
Q Do you recall being asked this question and giving
7 this answer:
8 "Captain Davis: Did he yell gun first and
9 then fire or did he fire and then yell gun?
10 "Police Officer Carey: I believe he fired
11 and then yelled gun."
12 Do you recall being asked that question and
13 giving that answer?
14 A I don't recall it. I -- you're reading it to me
15 so I believe that I said it. I don't recall saying that.
16 Q As you sit here now, having listened to that
17 question and answer which you acknowledge that you gave, did
18 Detective Isnora fire first and then yell he's got a gun?
19 A No.
20 Q So when you said that in this hearing you were
21 wrong?
22 A Yes.
I think we should give him the Trent Benefield treatment. If we are to believe that Trent Benefield lied on the stand (which is extremely probable) and that his prior testimony given on the day of the incident, at the hospital was factual, then I would say that officer Carey is also lying on the stand and that his previous testimony in regards to Isnora firing first and supposedly shouting police commands after to be factual.
Secondly, Carey's testimony directly contradicts that of Lt. Gary Napoli who said he did not hear any of the other officers shout "police!" Napoli, by Carey's own admission was on the scene before him and therefore would have been in a position to hear any commands that Isnora had yelled. So then someone has lied.
Lastly, Carey makes it clear that he, like Oliver were shooting at someone who they admit posed no direct threat to either of them. Furthermore, it is of interest that Isnora was walking towards Bell's vehicle, gun drawn (and possibly shooting)in one hand. What was in his other hand? My question is why the police procedure has not been entered into evidence if it is needed to be so to be discussed. That procedure is important in determining the rules of engagement.
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