The NYPD is being sued over an officer who shot a fleeing car during rush hour in the Bronx, according to new court documents.
The lawsuit, filed Friday morning in the Bronx Supreme Court, seeks unspecified damages for plaintiff Luis Cabrera, 28, who stopped at around 6:30 a.m. on East 167th Street and Walton Avenue because of the tinted windows and loud exhaust of his Dodge Charger was p.m. February 16, 2021.
As NYPD officer Richard Delahanty approached the car, Cabrera made a three-point turn and drove past the officer, who was reaching for the vehicle’s door but was holding his hand on a partially open window at the time.
Delahanty, 29, drew his firearm and shot the car six times, officials said.
Delahanty, who was suspended without pay, was indicted by a Bronx grand jury last month on second-degree reckless endangerment, a misdemeanor.
Bronx prosecutors said the shooting “brought civilians into the streets [to run] away and who take cover in nearby vehicles.
“The defendant is said to have shot six times at a vehicle that was fleeing a car stop at 6:30 p.m. while several people were walking in the street and there was rush hour traffic,” prosecutor Darcel Clark said. “This resulted in a significant risk of serious physical injury to pedestrians and drivers.”
Cabrera was charged with serious tortious operation of a motor vehicle and later pleaded guilty and paid a $200 fine, according to officials.
“Police officers like Officer Delahanty who use unnecessary lethal force to make arrests must be held accountable for their actions,” said Ilyssa Fuchs, Cabrera’s attorney.
“The NYPD will review the complaint if and when we are served,” a police official said in a statement.
A spokesman for the city’s legal department said, “We will carefully review the case.”
https://nypost.com/2022/04/15/nypd-sued-over-cop-shooting-at-fleeing-car-during-rush-hour/ NYPD sued over police officer who shot fleeing car during rush hour