Experts: Cops often put in risky positions
Split-second decisions sometimes lead to tragic mistakes
Written b yJorge Fitz-Gibbon May 20, 2013
The decision to open fire on Danroy Henry on Oct. 17, 2010, left the 20-year-old Pace University student dead and Pleasantville Police Officer Aaron Hess, who suffered a career-ending injury, facing a hefty civil lawsuit.
Just over one year later a four-hour standoff between White Plains police and Kenneth Chamberlain Sr., 68, on Nov. 19, 2011, ended when Officer Anthony Carelli, who said Chamberlain lunged at him with a knife, shot Chamberlain dead.Less than one month later, on Dec. 14, 2011, Spring Valley Police Officer John Roper shot and killed Herve Giles, a 48-year-old emotionally disturbed man who fought the officer off with a stick, leaving him hospitalized with serious bite marks and lacerations.
On Friday, a Nassau County police officer fired eight shots at Dalton Smith as he stood, gun in hand, holding Hofstra University junior Andrea Rebello of Tarrytown in a headlock and threatening to open fire. Seven shots struck Smith, one struck Rebello, killing them both.
The only common thread, experts said, is the split-second decision the officers made to open fire in tense, unpredictable and often dangerous situations, whether perceived or actual. It’s a decision that is always controversial.
“The truth is that none of these situations are exactly alike, so it’s really hard to prepare,” said Eugene O’Donnell, professor of law and police science at the John Jay College of Criminal Justice. “You can have protocols and you can have training. But the frustrating thing is that the situations all have their own characteristics.”
“Radio runs are notoriously problematic because it’s hearsay,” he said, referring to the police radio dispatches that send officers to the scene. “It’s not verified, and it’s a common-place event that radio runs are not accurate. So there’s no substitute for your own personal observations or talking to the victim.”
Nassau County police said Rebello, a 2010 graduate of Sleepy Hollow High School, was in her two-story home with her twin sister and two other people when Smith entered through the unlocked front door.
Smith, 30, had an “extensive” criminal record, police said. Smith allowed one woman to leave to go to an ATM, and she dialed 911.
Two officers were dispatched to the scene and entered the home, leading to the confrontation.
“There’s a lot of evidence in these situations that have to be sifted through, and it’s very easy to play the Monday morning quarterback,” said Brian Sokoloff, Hess’ attorney in the Danroy Henry shooting. “But the law doesn’t look at an officer’s decision with the eyes of a Monday morning quarterback. It’s important to look at a situation through the eyes of the officer at the time.”
But Randolph McLaughlin, a Pace University School of Law professor who represents the Chamberlain family in a civil lawsuit against White Plains police, said the issue isn’t why the officer opened fire. It’s why he had to.
“At that moment, you can almost always justify shooting someone if a gun’s pointed at you,” said McLaughlin, who is also co-chair of the civil rights practice group at the Newman Ferrara law firm in New York City. “The question is, how did the officer get into that position?”
“You don’t enter into an unknown house where you don’t know who’s present, you don’t know who the perpetrator is, you don’t know whether there’s anyone inside the house and there’s a significant risk that you may accidentally kill someone, as happened here,” he said. “It was a poorly executed strategy.”