Sean Bell shooting incident
Encyclopedia
The Sean Bell shooting incident took place in the New York City
borough
of Queens
, New York
, United States
on November 25, 2006, when three men were shot a total of fifty times by a team of both plainclothes and undercover
NYPD officers, killing one of the men, Sean Bell, on the morning before his wedding, and severely wounding two of his friends. The incident sparked fierce criticism of the police from some members of the public and drew comparisons to the 1999 killing of Amadou Diallo
. Three of the five detectives involved in the shooting went to trial on charges ranging from manslaughter
to reckless endangerment, and were found not guilty
.
. As a teenager, he studied acting in Flushing, Queens
. He was a baseball pitcher for John Adams High School
in Ozone Park. His senior year season ended with an 11-0 record, a 2.30 E.R.A. and 97 strikeouts in 62.2 innings. Bell held odd jobs after the birth of his daughter. His wife to be, Nicole Paultre Bell, told Larry King
that Bell was studying to be an electrician
by trade and unemployed when the shooting occurred.
section of Queens, a venue that was being investigated by seven undercover police detectives, as a result of accusations that the owners of the club had been fostering prostitution
.
The New York Post
reported that, according to an unnamed undercover officer, Joseph Guzman had an argument with a man outside of the club. Allegedly someone was heard saying "yo, get my gun" at the scene. Fearing a shooting might occur, plain-clothed officer Gescard Isnora followed the men to their car while alerting his backup team, prompting the team to confront Bell and his companions before they could leave the scene.As Sean Bell and his friends proceeded to get into their car to head home, an unidentified man approached Sean Bell's car with his gun drawn. Detective Isnora (by his account), identified himself as a police officer, and ordered the driver to stop.". Instead, Bell accelerated the car and brushed Isnora's lower leg, then as another unmarked police minivan rushed the scene, it collided with Sean Bell's car . By all accounts, Gescard Isnora thought he saw Guzman reach for a gun while in the car, yelled "gun" to other police at the scene, and opened fire on the car. The other officers and detectives joined him in shooting at the car, firing 50 bullets in a few seconds.
A toxicology report showed that Bell was legally intoxicated
at the time of the shooting. An attorney for the Bell family said in response to the report, "No matter what his blood-alcohol level was, he's a victim." Yet also at the time of the shooting, Detective Isnora was a member of the Vice Squad and was allowed two alcoholic beverages while on duty undercover at the club.
Other accounts of the incident conflict with that of the undercover officers. According to Guzman, the detectives never identified themselves while they approached the vehicle with drawn weapons. Another source also told New York Daily News
that the officers failed to warn Bell before opening fire and started firing immediately upon leaving their vehicles.
The police officer who initiated the gunfire later said that he saw a fourth man in the car, who fled the scene amid the chaos, possibly in possession of the alleged weapon. Jean Nelson, a friend of Bell, was speculated to have been the fourth man. Although present at the time of the shooting, Nelson denies being in the car or possessing a gun. According to The New York Times, a preliminary police report of the shooting contains
Critics suggest that the scenario was concocted by the police officer in order to justify the shooting. Columnist Juan Gonzalez
reported in the New York Daily News that, according to a law enforcement source, in the hours immediately following the incident, there was no mention of a fourth man in the police calls and no search was launched for the potentially armed man. This source thus contradicted initial reports that the police searched the neighborhood for the missing man.
According to Michael Palladino, the head of the detectives union, a man who was working as a janitor in a nearby building while the incident occurred later told the detectives that he had seen a black man fleeing the scene, and that the man had fired a gun, at least once, at the police. The witness further stated that he had then heard the officers shouting "police, police." However, according to ballistic evidence, there was no indication of any other weapon, aside from those of the officers, fired at the scene.
In an interview on Larry King Live
, accompanying Bell's former fiancée Nicole Paultre, Al Sharpton
stated that according to his conversations with eyewitnesses, none of the three men who were shot mentioned a gun while leaving the club. Sharpton also felt that it would be impossible for the persons in the car to have heard the police from within the car, and that they were likely to fear that they were being car-jacked. Several of the witnesses received payment from Sharpton, and several groups, including the NYPD Detectives union have questioned the ethics of these payments, calling into question the witnesses' credibility, to which Sharpton has replied, "How can [the Detectives Endowment Association] support the detectives and I can't support the victims?"
Five of the seven officers investigating the club were involved in the shooting. Detective Paul Headley fired one round, Officer Michael Carey fired three, Officer Marc Cooper fired four, Officer Gescard Isnora fired eleven, and veteran officer Michael Oliver emptied two full magazines, firing 31 shots from a 9mm handgun and pausing to reload at least once.
An autopsy showed Bell was struck four times in the neck and torso. Guzman (31 y.o.) was shot 19 times and Benefield (23 y.o.), who was in the back seat, was hit three times. Both men were taken to Mary Immaculate Hospital; at the time of admission Guzman was listed in critical condition and Benefield was in stable condition. Guzman and Benefield would ultimately survive the shooting. Benefield was released from the hospital on 5 December 2006, while Guzman was released on 25 January 2007. Surveillance cameras at the Port Authority
's Jamaica
AirTrain
station a half block away from the shooting site recorded one of the bullets fired by the officers shattering through the station's glass window and narrowly missing a civilian and two Port Authority patrolmen who were standing on the station's elevated platform.
Some have noted the similarity between this incident and past shootings of unarmed people, such as Amadou Diallo
and Ousmane Zongo
. The family has designated Al Sharpton
as their advisor.
New York City mayor Michael Bloomberg
has said "it sounds to me like excessive force was used," and has called the shooting "inexplicable" and "unacceptable". Ex-New York governor George E. Pataki has also stated that the shooting was excessive. Kelly has put the five officers involved on paid administrative leave and stripped them of their weapons, a move the New York Times called "forceful". He told the Times that the officers were stripped of their guns because "there were, and are, too many unanswered questions." Both Bloomberg and Kelly have also noted that the shooting was possibly in violation of department guidelines prohibiting shooting at a moving vehicle, even if the vehicle is being used as a weapon. The Public Advocate extended condolences to Bell's former fiancée and family following the killing.
On December 7, 2006, Nicole Paultre legally changed her name to Nicole Paultre Bell to "honor the memory" of Sean Bell. New York State laws require a couple to obtain a marriage license prior to a wedding, and "although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued." According to Nicole Paultre's attorney, a posthumous wedding was impossible since no marriage license
had yet been signed.
On March 5, 2007, it was announced that a Rikers Island
inmate offered to pay an undercover police officer posing as a hitman to behead New York City
police commissioner Raymond Kelly and bomb police headquarters in retaliation for the incident.
On March 25, 2007, New York Daily News reported that an unnamed Queens drug dealer, after being arrested, alleged that Sean Bell had shot him the previous year on July 13, 2006 over a drug turf dispute. Police sources called the drug dealer's account credible, but could not rule out the possibility of the drug dealer falsely identifying Sean Bell to garner favor with authorities. Sanford Rubenstein, (the attorney representing the Bell family, Nicole Paultre, and the two other occupants of the vehicle that were wounded during the shooting) denounced this development, saying, "We expected them to throw dirt at us and they are throwing dirt at us." NYPD Internal Affairs Bureau detectives say the dealer's tale has no direct bearing on the police shooting of Bell, though some legal experts said that it could help the defense by portraying Sean Bell as possibly armed and dangerous. The drug dealer later admitted to falsely accusing Mr.Bell, in hopes of saving himself.
said he did not see the need for it although then-Attorney General Andrew Cuomo
promised to keep a watch on the criminal proceedings. The Queens district attorney
's office interviewed over 100 witnesses and presented more than 500 exhibits to a grand jury
. An issue considered by the grand jury was the New York State Penal Code's description of circumstances under which a police officer can use deadly force: "The use of deadly physical force is necessary to defend the police officer or peace officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force."
On March 16, 2007, three of the five police officers involved in the shooting were indicted by a grand jury. Officer Gescard Isnora, who fired the first shot, and Officer Michael Oliver, who fired 31 of the 50 shots, were charged with manslaughter
, reckless endangerment
and assault
, while Detective Marc Cooper was charged with two counts of reckless endangerment. All three detectives pleaded not guilty at the arraignment
hearing on March 19, 2007. Detectives Isnora and Oliver were released on bail
and Detective Cooper on his own recognizance
.
The Appellate Division of the Supreme Court, Second Department, denied a motion by the detectives' attorneys to move the trial to a venue
outside of Queens. Following the adverse ruling, the detectives waived a jury trial and instead submitted to a bench trial
.
The District Attorney Richard Brown has faced some criticism from activists who believe he did not question the police officers involved quickly enough.
make a ruling rather than a jury. The ruling was handed down in a state supreme court in Queens.
A key defense forensic witness was Alexander Jason, a crime scene analyst and ballistics expert who disproved several of the prosecution's main points relating to the physical evidence. Among them was the timing of the incident. After doing tests with an NYPD pistol, Jason demonstrated that the 31 shots fired by one detective (Oliver) could have been done in about 12 seconds – not several minutes. Using high speed video during ballistic testing, Jason demonstrated that bullets fired through a car window would project glass both inside and outside the car and that this could be interpreted as shots coming from inside. Another of Jason's key points (mentioned in Judge Cooperman's written verdict) was that the person in the back seat of Bell's car (Benefield) was not shot while he was running away as he claimed, but while inside the car. Jason used computer generated 3D models to display some of his findings.
In his ruling, Justice Cooperman stated that testimony by Guzman and Benefield did not make sense. He also cited the fact that they had a pending 50 million dollar lawsuit against the city. After the ruling was made, the family, led by Sharpton
and several others went to Bell's graveside in Port Washington
, Long Island
for a memorial service.
. Hundreds took to the streets in Manhattan
and Brooklyn
as part of the citywide "slowdown" effort led by Sharpton and his National Action Network
. The crowd made its way to the streets stopping the flow of traffic in many vital areas of the city. This led to police action, and the arrest of over 200 people, including Sharpton himself. Sharpton was arrested without incident at the base of the Brooklyn Bridge
. Bell's parents, his former fiancée, Nicole Paultre Bell, and the two shooting victims who survived, Trent Benefield and Joseph Guzman were also arrested.
lifted a stay on the civil lawsuit brought by Nicole Paultre Bell against the City of New York. On July 27, 2010 a settlement was reached. New York City agreed to pay Sean Bell's family $3.25 million. Joseph Guzman, 34, who uses a cane and a leg brace and has four bullets lodged in his body and Trent Benefield, 26, two passengers in Bell's car who attended his bachelor party and were wounded in the shooting, will receive $3 million and $900,000 respectively in the settlement, for a total of $7.15 million. Paultre Bell said " No amount of money will bring Sean back, but the most important thing is that our fight, my fight, doesn't end here," "No amount of money can provide closure but at least it will secure a economic future for my daughters" . New York City Corporation Counsel stated "The city regrets the loss of life in this tragic case and we share our deepest condolences with the Bell family." The head of the New York City Detectives Endowment Association said he thought the settlement was a joke "The detectives were exonerated . . . and now the taxpayer is on the hook for $7 million and the attorneys are in line to get $2 million without suffering a scratch." Guzman said the settlement did not change the underlying reality that black and Hispanic men's lives are not worth much in New York and that the incident is bound to be repeated.http://www.guardian.co.uk/world/2010/jul/28/new-york-police-shooting-payout
, Nicki Minaj
, Prodigy
, Immortal Technique
and the Jamaica, Queens
-based rap group G-Unit
, The Game
and Chamillionaire
have each referenced the Sean Bell case in one of their songs. G-Unit dedicated the opening track to their T.O.S: Terminate on Sight
album to Sean Bell and also paid tribute to him in the thank you section of the linear notes. Nicki Minaj dedicated part of her verse New York Minute to Sean Bell "Theres gotta be a heaven cause Sean Bell will never get to make it to his wedding". Chamillionaire
referenced the case on the Mixtape Messiah 2 disc at the end of the song "Ridin' Overseas" (featuring Akon
) where he says, "Rest in peace to Sean Bell, Chamillitary man". The Game dedicated the controversial song "911 is a joke" to Sean Bell. Also, The Game dedicated the song, "My Life" (feat. Lil Wayne), to Sean Bell as well. Bun B also references Sean Bell in his song Get Cha Issue. The Game
referenced the incident specifically on the song Cop Killa (911 is a Motha Fuckin Joke):
During an interview, with Music Choice, The Game began to cry when he spoke about the Sean Bell case and how so many rappers did not care enough to contribute to the song. Also make reference to him by showing his head stone in the music video My Life.
Rapper Soul Khan briefly mentions Sean Bell in his song "So I Says", saying, "(So what you want Soul?) No more Sean Bells".
Rapper C.R.Y.M.E. dedicates his song problems with authority to Sean Bell and Rodney King.
Mos Def
mentions Bell in a version of Gil Scott-Heron's
song "New York is Killing Me."
Swizz Beatz
, Cassidy, Maino
, Styles P
, Talib Kweli
& Drag-On
recorded a song entitled "Stand Up (The Sean Bell Tribute Song)" that was produced by The Heatmakerz
in which they share their thoughts on the Sean Bell shooting.
Kyp Malone's band Rain Machine references Sean Bell in their song "Smiling Black Faces" in lyrics "And on his wedding day/They took Sean Bell away/Cops let their bullets spray".
Rapper Joe Budden
mentions Sean Bell in his song "Long Way 2 Go" "I think about Virginia Tech, think about Katrina/Niggas that caught Sean Bell slippin' with the nine-a/A day before the wedding, safety off the weapon/Though all these things play in my head I keep steppin'".
Rapper Jay Z Mentions Sean Bell in his song "A Billi" in the lyrics "Shawn Carter, Sean Bell, what's the difference? Do tell
50 shots or 50 mill', ain't no difference go to hell"
voted to designate Liverpool Street from 94th Ave to 101st Ave in Queens as "Sean Bell Way" in his memory. The naming ceremony took place on May 18, 2010.40.6983°N 73.8085°W
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
borough
Borough (New York City)
New York City, one of the largest cities in the world, is composed of five boroughs. Each borough now has the same boundaries as the county it is in. County governments were dissolved when the city consolidated in 1898, along with all city, town, and village governments within each county...
of Queens
Queens
Queens is the easternmost of the five boroughs of New York City. The largest borough in area and the second-largest in population, it is coextensive with Queens County, an administrative division of New York state, in the United States....
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
on November 25, 2006, when three men were shot a total of fifty times by a team of both plainclothes and undercover
Undercover
Being undercover is disguising one's own identity or using an assumed identity for the purposes of gaining the trust of an individual or organization to learn secret information or to gain the trust of targeted individuals in order to gain information or evidence...
NYPD officers, killing one of the men, Sean Bell, on the morning before his wedding, and severely wounding two of his friends. The incident sparked fierce criticism of the police from some members of the public and drew comparisons to the 1999 killing of Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
. Three of the five detectives involved in the shooting went to trial on charges ranging from manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
to reckless endangerment, and were found not guilty
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
.
Background
Sean Bell (born May 18, 1983) was the nephew of the current University of Missouri basketball coach Frank HaithFrank Haith
-Personal:Haith is a 1988 graduate of Elon College. He and his wife, Pam, have two children; one son, Corey, and one daughter, Brianna. Haith's nephew, Sean Bell, was slain by New York City police in a controversial November 25, 2006 shooting incident....
. As a teenager, he studied acting in Flushing, Queens
Flushing, Queens
Flushing, founded in 1645, is a neighborhood in the north central part of the City of New York borough of Queens, east of Manhattan.Flushing was one of the first Dutch settlements on Long Island. Today, it is one of the largest and most diverse neighborhoods in New York City...
. He was a baseball pitcher for John Adams High School
John Adams High School (Jamaica/Ozone Park, NY)
For schools with similar names, see Adams High School.John Adams High School is a public high school in the Ozone Park neighborhood of Queens, New York City. John Adams High School, Samuel J...
in Ozone Park. His senior year season ended with an 11-0 record, a 2.30 E.R.A. and 97 strikeouts in 62.2 innings. Bell held odd jobs after the birth of his daughter. His wife to be, Nicole Paultre Bell, told Larry King
Larry King
Lawrence Harvey "Larry" King is an American television and radio host whose work has been recognized with awards including two Peabodys and ten Cable ACE Awards....
that Bell was studying to be an electrician
Electrician
An electrician is a tradesman specializing in electrical wiring of buildings, stationary machines and related equipment. Electricians may be employed in the installation of new electrical components or the maintenance and repair of existing electrical infrastructure. Electricians may also...
by trade and unemployed when the shooting occurred.
Shooting incident
The night of the shooting, Bell was holding his bachelor party at Club Kalua, a strip club, in the JamaicaJamaica, Queens
Jamaica is a neighborhood in the borough of Queens in New York City, New York, United States. It was settled under Dutch rule in 1656 in New Netherland as Rustdorp. Under British rule, the Village of Jamaica became the center of the "Town of Jamaica"...
section of Queens, a venue that was being investigated by seven undercover police detectives, as a result of accusations that the owners of the club had been fostering prostitution
Prostitution in the United States
Prostitution in the United States is illegal except in some small rural communities in Nevada. In the United States, each state has the power to regulate prostitution in that state. Only in parts of Nevada is prostitution legal. In all other states prostitution is usually classified as a...
.
The New York Post
New York Post
The New York Post is the 13th-oldest newspaper published in the United States and is generally acknowledged as the oldest to have been published continuously as a daily, although – as is the case with most other papers – its publication has been periodically interrupted by labor actions...
reported that, according to an unnamed undercover officer, Joseph Guzman had an argument with a man outside of the club. Allegedly someone was heard saying "yo, get my gun" at the scene. Fearing a shooting might occur, plain-clothed officer Gescard Isnora followed the men to their car while alerting his backup team, prompting the team to confront Bell and his companions before they could leave the scene.As Sean Bell and his friends proceeded to get into their car to head home, an unidentified man approached Sean Bell's car with his gun drawn. Detective Isnora (by his account), identified himself as a police officer, and ordered the driver to stop.". Instead, Bell accelerated the car and brushed Isnora's lower leg, then as another unmarked police minivan rushed the scene, it collided with Sean Bell's car . By all accounts, Gescard Isnora thought he saw Guzman reach for a gun while in the car, yelled "gun" to other police at the scene, and opened fire on the car. The other officers and detectives joined him in shooting at the car, firing 50 bullets in a few seconds.
A toxicology report showed that Bell was legally intoxicated
Drunkenness
Alcohol intoxication is a physiological state that occurs when a person has a high level of ethanol in his or her blood....
at the time of the shooting. An attorney for the Bell family said in response to the report, "No matter what his blood-alcohol level was, he's a victim." Yet also at the time of the shooting, Detective Isnora was a member of the Vice Squad and was allowed two alcoholic beverages while on duty undercover at the club.
Other accounts of the incident conflict with that of the undercover officers. According to Guzman, the detectives never identified themselves while they approached the vehicle with drawn weapons. Another source also told New York Daily News
New York Daily News
The Daily News of New York City is the fourth most widely circulated daily newspaper in the United States with a daily circulation of 605,677, as of November 1, 2011....
that the officers failed to warn Bell before opening fire and started firing immediately upon leaving their vehicles.
The police officer who initiated the gunfire later said that he saw a fourth man in the car, who fled the scene amid the chaos, possibly in possession of the alleged weapon. Jean Nelson, a friend of Bell, was speculated to have been the fourth man. Although present at the time of the shooting, Nelson denies being in the car or possessing a gun. According to The New York Times, a preliminary police report of the shooting contains
"... no meaningful discussion of a fourth man, a mysterious figure who some in the Police Department have suggested may have been present along with the three men who were shot. None of the witnesses whose accounts are in the report speaks of someone who may have fled — perhaps possessing a gun — and there are no indications that the police at the time were seeking anyone who may have left the scene."
Critics suggest that the scenario was concocted by the police officer in order to justify the shooting. Columnist Juan Gonzalez
Juan Gonzalez (journalist)
Juan González is an American progressive broadcast journalist and investigative reporter. He has also been a columnist for the New York Daily News since 1987...
reported in the New York Daily News that, according to a law enforcement source, in the hours immediately following the incident, there was no mention of a fourth man in the police calls and no search was launched for the potentially armed man. This source thus contradicted initial reports that the police searched the neighborhood for the missing man.
According to Michael Palladino, the head of the detectives union, a man who was working as a janitor in a nearby building while the incident occurred later told the detectives that he had seen a black man fleeing the scene, and that the man had fired a gun, at least once, at the police. The witness further stated that he had then heard the officers shouting "police, police." However, according to ballistic evidence, there was no indication of any other weapon, aside from those of the officers, fired at the scene.
In an interview on Larry King Live
Larry King Live
Larry King Live is an American talk show hosted by Larry King on CNN from 1985 to 2010. It was CNN's most watched and longest-running program, with over one million viewers nightly....
, accompanying Bell's former fiancée Nicole Paultre, Al Sharpton
Al Sharpton
Alfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
stated that according to his conversations with eyewitnesses, none of the three men who were shot mentioned a gun while leaving the club. Sharpton also felt that it would be impossible for the persons in the car to have heard the police from within the car, and that they were likely to fear that they were being car-jacked. Several of the witnesses received payment from Sharpton, and several groups, including the NYPD Detectives union have questioned the ethics of these payments, calling into question the witnesses' credibility, to which Sharpton has replied, "How can [the Detectives Endowment Association] support the detectives and I can't support the victims?"
Five of the seven officers investigating the club were involved in the shooting. Detective Paul Headley fired one round, Officer Michael Carey fired three, Officer Marc Cooper fired four, Officer Gescard Isnora fired eleven, and veteran officer Michael Oliver emptied two full magazines, firing 31 shots from a 9mm handgun and pausing to reload at least once.
An autopsy showed Bell was struck four times in the neck and torso. Guzman (31 y.o.) was shot 19 times and Benefield (23 y.o.), who was in the back seat, was hit three times. Both men were taken to Mary Immaculate Hospital; at the time of admission Guzman was listed in critical condition and Benefield was in stable condition. Guzman and Benefield would ultimately survive the shooting. Benefield was released from the hospital on 5 December 2006, while Guzman was released on 25 January 2007. Surveillance cameras at the Port Authority
Port Authority of New York and New Jersey
The Port Authority of New York and New Jersey is a bi-state port district, established in 1921 through an interstate compact, that runs most of the regional transportation infrastructure, including the bridges, tunnels, airports, and seaports, within the Port of New York and New Jersey...
's Jamaica
Jamaica (LIRR station)
Jamaica is a major hub station of the Long Island Rail Road, and is located in Jamaica, Queens, New York City. It is the largest transit hub on Long Island and is one of the busiest railroad stations in the country with over 200,000 daily passengers...
AirTrain
AirTrain JFK
AirTrain JFK is a 3-line, -long people mover system and elevated railway in New York City providing service to John F. Kennedy International Airport...
station a half block away from the shooting site recorded one of the bullets fired by the officers shattering through the station's glass window and narrowly missing a civilian and two Port Authority patrolmen who were standing on the station's elevated platform.
Response to the shooting
Thousands of protesters came out over the weekend following Bell's death to protest the amount of force used; protests continued into the following week.Some have noted the similarity between this incident and past shootings of unarmed people, such as Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
and Ousmane Zongo
Ousmane Zongo
Ousmane Zongo was a Burkinabè arts trader living in New York City. He was accidentally shot and killed by New York City Police Department officers while unarmed in a chance run-in with police during a warehouse raid on May 22, 2003....
. The family has designated Al Sharpton
Al Sharpton
Alfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
as their advisor.
New York City mayor Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
has said "it sounds to me like excessive force was used," and has called the shooting "inexplicable" and "unacceptable". Ex-New York governor George E. Pataki has also stated that the shooting was excessive. Kelly has put the five officers involved on paid administrative leave and stripped them of their weapons, a move the New York Times called "forceful". He told the Times that the officers were stripped of their guns because "there were, and are, too many unanswered questions." Both Bloomberg and Kelly have also noted that the shooting was possibly in violation of department guidelines prohibiting shooting at a moving vehicle, even if the vehicle is being used as a weapon. The Public Advocate extended condolences to Bell's former fiancée and family following the killing.
On December 7, 2006, Nicole Paultre legally changed her name to Nicole Paultre Bell to "honor the memory" of Sean Bell. New York State laws require a couple to obtain a marriage license prior to a wedding, and "although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued." According to Nicole Paultre's attorney, a posthumous wedding was impossible since no marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
had yet been signed.
On March 5, 2007, it was announced that a Rikers Island
Rikers Island
Rikers Island is New York City's main jail complex, as well as the name of the island on which it sits, in the East River between Queens and the mainland Bronx, adjacent to the runways of LaGuardia Airport. The island itself is part of the borough of the Bronx, though it is included as part of...
inmate offered to pay an undercover police officer posing as a hitman to behead New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
police commissioner Raymond Kelly and bomb police headquarters in retaliation for the incident.
On March 25, 2007, New York Daily News reported that an unnamed Queens drug dealer, after being arrested, alleged that Sean Bell had shot him the previous year on July 13, 2006 over a drug turf dispute. Police sources called the drug dealer's account credible, but could not rule out the possibility of the drug dealer falsely identifying Sean Bell to garner favor with authorities. Sanford Rubenstein, (the attorney representing the Bell family, Nicole Paultre, and the two other occupants of the vehicle that were wounded during the shooting) denounced this development, saying, "We expected them to throw dirt at us and they are throwing dirt at us." NYPD Internal Affairs Bureau detectives say the dealer's tale has no direct bearing on the police shooting of Bell, though some legal experts said that it could help the defense by portraying Sean Bell as possibly armed and dangerous. The drug dealer later admitted to falsely accusing Mr.Bell, in hopes of saving himself.
Investigation and criminal indictment
At that time, some activists called for a special prosecutor in the case, but New York's then-Governor Eliot SpitzerEliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
said he did not see the need for it although then-Attorney General Andrew Cuomo
Andrew Cuomo
Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
promised to keep a watch on the criminal proceedings. The Queens district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
's office interviewed over 100 witnesses and presented more than 500 exhibits to a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
. An issue considered by the grand jury was the New York State Penal Code's description of circumstances under which a police officer can use deadly force: "The use of deadly physical force is necessary to defend the police officer or peace officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force."
On March 16, 2007, three of the five police officers involved in the shooting were indicted by a grand jury. Officer Gescard Isnora, who fired the first shot, and Officer Michael Oliver, who fired 31 of the 50 shots, were charged with manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, reckless endangerment
Endangerment
In US law, endangerment comprises several types of crimes involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person....
and assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, while Detective Marc Cooper was charged with two counts of reckless endangerment. All three detectives pleaded not guilty at the arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
hearing on March 19, 2007. Detectives Isnora and Oliver were released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
and Detective Cooper on his own recognizance
Recognizance
In some common law nations, a recognizance is a conditional obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges that he owes a personal debt to the state...
.
The Appellate Division of the Supreme Court, Second Department, denied a motion by the detectives' attorneys to move the trial to a venue
Change of venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
outside of Queens. Following the adverse ruling, the detectives waived a jury trial and instead submitted to a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
.
The District Attorney Richard Brown has faced some criticism from activists who believe he did not question the police officers involved quickly enough.
Trial and acquittal on all charges
On April 25, 2008, all three of the police officers indicted were acquitted on all counts. The defendants opted to have Justice Arthur J. CoopermanArthur J. Cooperman
Arthur J. Cooperman is a New York State Supreme Court Justice. He is most notable for his decision acquitting the police officers in the Sean Bell case....
make a ruling rather than a jury. The ruling was handed down in a state supreme court in Queens.
A key defense forensic witness was Alexander Jason, a crime scene analyst and ballistics expert who disproved several of the prosecution's main points relating to the physical evidence. Among them was the timing of the incident. After doing tests with an NYPD pistol, Jason demonstrated that the 31 shots fired by one detective (Oliver) could have been done in about 12 seconds – not several minutes. Using high speed video during ballistic testing, Jason demonstrated that bullets fired through a car window would project glass both inside and outside the car and that this could be interpreted as shots coming from inside. Another of Jason's key points (mentioned in Judge Cooperman's written verdict) was that the person in the back seat of Bell's car (Benefield) was not shot while he was running away as he claimed, but while inside the car. Jason used computer generated 3D models to display some of his findings.
In his ruling, Justice Cooperman stated that testimony by Guzman and Benefield did not make sense. He also cited the fact that they had a pending 50 million dollar lawsuit against the city. After the ruling was made, the family, led by Sharpton
Al Sharpton
Alfred Charles "Al" Sharpton, Jr. is an American Baptist minister, civil rights activist, and television/radio talk show host. In 2004, he was a candidate for the Democratic nomination for the U.S. presidential election...
and several others went to Bell's graveside in Port Washington
Port Washington, New York
Port Washington is a hamlet and census-designated place in Nassau County, New York on the North Shore of Long Island. As of the United States 2010 Census, the community population was 15,846....
, Long Island
Long Island
Long Island is an island located in the southeast part of the U.S. state of New York, just east of Manhattan. Stretching northeast into the Atlantic Ocean, Long Island contains four counties, two of which are boroughs of New York City , and two of which are mainly suburban...
for a memorial service.
"Slowdown" protest
On May 7, 2008, Sharpton led a series of protests in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. Hundreds took to the streets in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
and Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
as part of the citywide "slowdown" effort led by Sharpton and his National Action Network
National Action Network
The National Action Network is a not-for-profit, civil rights organization founded by the Reverend Al Sharpton in New York City, New York, in early 1991....
. The crowd made its way to the streets stopping the flow of traffic in many vital areas of the city. This led to police action, and the arrest of over 200 people, including Sharpton himself. Sharpton was arrested without incident at the base of the Brooklyn Bridge
Brooklyn Bridge
The Brooklyn Bridge is one of the oldest suspension bridges in the United States. Completed in 1883, it connects the New York City boroughs of Manhattan and Brooklyn by spanning the East River...
. Bell's parents, his former fiancée, Nicole Paultre Bell, and the two shooting victims who survived, Trent Benefield and Joseph Guzman were also arrested.
Civil case
On May 18, 2010, U.S. District Judge Sterling Johnson, Jr. of the United States District Court for the Eastern District of New YorkUnited States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
lifted a stay on the civil lawsuit brought by Nicole Paultre Bell against the City of New York. On July 27, 2010 a settlement was reached. New York City agreed to pay Sean Bell's family $3.25 million. Joseph Guzman, 34, who uses a cane and a leg brace and has four bullets lodged in his body and Trent Benefield, 26, two passengers in Bell's car who attended his bachelor party and were wounded in the shooting, will receive $3 million and $900,000 respectively in the settlement, for a total of $7.15 million. Paultre Bell said " No amount of money will bring Sean back, but the most important thing is that our fight, my fight, doesn't end here," "No amount of money can provide closure but at least it will secure a economic future for my daughters" . New York City Corporation Counsel stated "The city regrets the loss of life in this tragic case and we share our deepest condolences with the Bell family." The head of the New York City Detectives Endowment Association said he thought the settlement was a joke "The detectives were exonerated . . . and now the taxpayer is on the hook for $7 million and the attorneys are in line to get $2 million without suffering a scratch." Guzman said the settlement did not change the underlying reality that black and Hispanic men's lives are not worth much in New York and that the incident is bound to be repeated.http://www.guardian.co.uk/world/2010/jul/28/new-york-police-shooting-payout
Tributes
The Nicole Paultre Bell "When It's Real, It's Forever" non-profit organization was started in memory of Sean Bell. Rappers David BannerDavid Banner
Lavell Crump , better known by his stage name David Banner, is an American rapper, record producer and occasional actor. Banner was born in Jackson, Mississippi and graduated from Southern University. He started his music career as a member of the rap duo, Crooked Lettaz before going solo in 2000...
, Nicki Minaj
Nicki Minaj
Onika Tanya Maraj , better known by her stage name Nicki Minaj; ), is a Trinidadian-born American recording artist...
, Prodigy
Prodigy (rapper)
Lance Albert Johnson Banks, better known as Prodigy, is an American rapper and one half of the hip-hop and rap duo Mobb Deep....
, Immortal Technique
Immortal Technique
Felipe Andres Coronel , better known by the stage name Immortal Technique, is an American rapper of Afro-Peruvian descent as well as an urban activist. He was born in Lima, Peru and raised in Harlem, New York. Most of his lyrics focus on controversial issues in global politics...
and the Jamaica, Queens
Jamaica, Queens
Jamaica is a neighborhood in the borough of Queens in New York City, New York, United States. It was settled under Dutch rule in 1656 in New Netherland as Rustdorp. Under British rule, the Village of Jamaica became the center of the "Town of Jamaica"...
-based rap group G-Unit
G-Unit
G-Unit is an American hip hop group originating from New York City formed by 50 Cents. G-Unit emerged on the New York scene by independently releasing several mix tapes...
, The Game
The Game (rapper)
Jayceon Terrell Taylor , better known by his stage name Game, formerly The Game, is an American rapper and actor. As a member of G-Unit, he rose to fame in 2005 with the success of his debut album, The Documentary, which earned him two Grammy Award nominations...
and Chamillionaire
Chamillionaire
Hakeem Seriki , better known by his stage name Chamillionaire, is an American rapper, record producer, and entrepreneur. He is the CEO of Chamillitary Entertainment. Chamillionaire is also the founder and an original member of The Color Changin' Click...
have each referenced the Sean Bell case in one of their songs. G-Unit dedicated the opening track to their T.O.S: Terminate on Sight
T.O.S: Terminate on Sight
T.O.S: Terminate on Sight is the second studio album by rap group G-Unit. It was the group's first album in five years since their previous album, Beg for Mercy. The title of the album was originally announced to be Shoot to Kill and then Lock & Load, with the eventual name being Terminate on Sight...
album to Sean Bell and also paid tribute to him in the thank you section of the linear notes. Nicki Minaj dedicated part of her verse New York Minute to Sean Bell "Theres gotta be a heaven cause Sean Bell will never get to make it to his wedding". Chamillionaire
Chamillionaire
Hakeem Seriki , better known by his stage name Chamillionaire, is an American rapper, record producer, and entrepreneur. He is the CEO of Chamillitary Entertainment. Chamillionaire is also the founder and an original member of The Color Changin' Click...
referenced the case on the Mixtape Messiah 2 disc at the end of the song "Ridin' Overseas" (featuring Akon
Akon
Aliaune Damala Badara Thiam, better known as simply Akon , is a Senegalese American R&B recording artist and songwriter.According to Forbes, Akon grossed $21 million in 2010, $20 million in 2009 and $12 million in 2008. He rose to prominence in 2004 following the release of "Locked Up", the first...
) where he says, "Rest in peace to Sean Bell, Chamillitary man". The Game dedicated the controversial song "911 is a joke" to Sean Bell. Also, The Game dedicated the song, "My Life" (feat. Lil Wayne), to Sean Bell as well. Bun B also references Sean Bell in his song Get Cha Issue. The Game
The Game (rapper)
Jayceon Terrell Taylor , better known by his stage name Game, formerly The Game, is an American rapper and actor. As a member of G-Unit, he rose to fame in 2005 with the success of his debut album, The Documentary, which earned him two Grammy Award nominations...
referenced the incident specifically on the song Cop Killa (911 is a Motha Fuckin Joke):
I hate the muthafuckin' pigs cause them pigs hate me
and I should kill 51 cops
for the 51 shots
that they gave that fuckin' kid in New York
During an interview, with Music Choice, The Game began to cry when he spoke about the Sean Bell case and how so many rappers did not care enough to contribute to the song. Also make reference to him by showing his head stone in the music video My Life.
Rapper Soul Khan briefly mentions Sean Bell in his song "So I Says", saying, "(So what you want Soul?) No more Sean Bells".
Rapper C.R.Y.M.E. dedicates his song problems with authority to Sean Bell and Rodney King.
Mos Def
Mos Def
Dante Terrell Smith is an American actor and Emcee known by the stage names Mos Def and Yasiin Bey. He started his hip hop career in a group called Urban Thermo Dynamics, after which he appeared on albums by Da Bush Babees and De La Soul. With Talib Kweli, he formed the duo Black Star, which...
mentions Bell in a version of Gil Scott-Heron's
Gil Scott-Heron
Gilbert "Gil" Scott-Heron was an American soul and jazz poet, musician, and author known primarily for his work as a spoken word performer in the 1970s and '80s...
song "New York is Killing Me."
Swizz Beatz
Swizz Beatz
Kasseem Dean , better known by his stage name, Swizz Beatz, is an American record producer, DJ, rapper and painter. At the age of 17, he gained attention in the hip-hop world through his friendship with rapper DMX. Grady Spivey and rapper Cassidy helped launch his label Full Surface Records...
, Cassidy, Maino
Maino
Maino is an American rapper from Bedford-Stuyvesant, Brooklyn, New York City, New York.-Early life:...
, Styles P
Styles P
David Styles better known by his stage name, Styles P, is an American rapper, author, and entrepreneur. He is prominently known as a member of Hip Hop group The LOX and is also a part of the Ruff Ryders hip-hop group, and in addition has released multiple albums and mixtapes as a solo...
, Talib Kweli
Talib Kweli
Talib Kweli Greene , better known as Talib Kweli, is an American hip-hop artist and poet from Brooklyn, New York. His first name in Arabic means "student" or "seeker" ; his in Swahili means "true"...
& Drag-On
Drag-On
Mel Jason Smalls , better known as Drag-On, is an American rapper from The Bronx, New York City.Drag-On was originally signed to Interscope Records under the Ruff Ryders Entertainment imprint, where he released his successful debut album, Opposite of H2O, which debuted at #5 on the Billboard 200...
recorded a song entitled "Stand Up (The Sean Bell Tribute Song)" that was produced by The Heatmakerz
The Heatmakerz
The Heatmakerz is a hip-hop production duo, originally from Kingston, Jamaica, now living in New York. The duo, consisting of Rsonist and Thrilla , rose to fame after providing beats to various releases of The Diplomats. The bulk of albums like Diplomatic Immunity and Juelz Santana's debut From Me...
in which they share their thoughts on the Sean Bell shooting.
Kyp Malone's band Rain Machine references Sean Bell in their song "Smiling Black Faces" in lyrics "And on his wedding day/They took Sean Bell away/Cops let their bullets spray".
Rapper Joe Budden
Joe Budden
-Early life:Budden was born in Spanish Harlem, but lived in Queens until he was 12 and from there moved to Jersey City, New Jersey. He is one of five boys...
mentions Sean Bell in his song "Long Way 2 Go" "I think about Virginia Tech, think about Katrina/Niggas that caught Sean Bell slippin' with the nine-a/A day before the wedding, safety off the weapon/Though all these things play in my head I keep steppin'".
Rapper Jay Z Mentions Sean Bell in his song "A Billi" in the lyrics "Shawn Carter, Sean Bell, what's the difference? Do tell
50 shots or 50 mill', ain't no difference go to hell"
Sean Bell Way
The New York City CouncilNew York City Council
The New York City Council is the lawmaking body of the City of New York. It has 51 members from 51 council districts throughout the five boroughs. The Council serves as a check against the mayor in a "strong" mayor-council government model. The council monitors performance of city agencies and...
voted to designate Liverpool Street from 94th Ave to 101st Ave in Queens as "Sean Bell Way" in his memory. The naming ceremony took place on May 18, 2010.40.6983°N 73.8085°W
See also
- Contagious shootingContagious shootingA contagious shooting is a sociological phenomenon observed in military and police personnel in which one person firing on a target can induce others to begin shooting. Often the subsequent shooters will not know why they are firing....
- Jean-Charles de Menezes
- Amadou DialloAmadou DialloAmadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
- Johnny GammageJohnny GammageJonny Gammage was a black motorist who was killed on October 12, 1995, after being stopped for "driving erratically" by police from the nearly all-white Pittsburgh suburbs of Brentwood,...
- Ousmane ZongoOusmane ZongoOusmane Zongo was a Burkinabè arts trader living in New York City. He was accidentally shot and killed by New York City Police Department officers while unarmed in a chance run-in with police during a warehouse raid on May 22, 2003....
- Nightlife legislation of the United StatesNightlife legislation of the United StatesNightlife legislation of the United States is mostly in local jurisdiction of the city or state.-New York:In New York City, legislation was enacted in 2006, affecting many areas of nightlife...
- List of killings by law enforcement officers in the United States