Requires a police officer or peace officer who discharges his or her weapon under circumstances where a person could be struck by a bullet to immediately report the

Summary of specific provisions

This bill would amend the executive law by adding section 231 Report of discharge weapon (1) Any police officer who discharges his or her weapon aimed at a person or at a target other than authorized target practice while on or off duty under circumstances wherein a person could be struck by a bullet from such a weapon shall verbally report the incident to his or her supervisor within six hours of the occurrence and shall prepare or file a written report of the incident with twenty four hours of the incident.

This bill amends the criminal procedure law by adding section 2.35 Report of discharge of weapon requiring any police officer who discharges his or her weapon aimed at a person or at a target other than authorized target practice while on or off duty under circumstances wherein a person could be struck by a bullet from such a weapon shall verbally report the incident to his or her supervisor within six hours of the occurrence and shall prepare or file a written report of the incident with twenty four hours of the incident.

Justification

On October 21, 2007, Jayson Tirado was shot and killed while traveling in a car with friends. Upon arrival to the scene witnesses informed police that the incident was a "road rage" killing. Mr. Tirado was shot by a man who discharged his weapon at a car after arguing with a young man who cut him off on the FDR drive. Police diligently investigated the incident, launching a city wide man hunt of the gun man. They combed through several neighborhoods, followed up on leads and even enlisted the help of the media to implore witnesses to come forward to help apprehend the perpetrator. During this search the police expanding time and funds searching diligently for what they believe to be a lawless gunman on the loose. In addition to the time and money being expanding by the police in this matter, the public through the media expressed a state of apprehension and fear at the fact that a murderous gunman was on the loose. The media spent considerable time covering the story, the police manhunt, its affect on the family of the victim as well as the fear it evoked in the public.

Finally, on October 22, 2007, twenty hours after the incident, Sean Sawyer, a police officer, turns himself into police stating that while off duty on the day of the shooting he believes that he may have shot someone. After investigating the matter, investigators

determined that Officer Sawyer was responsible for the shooting death of Mr. Tirado. When the police, media and the victim's inquired as to why he failed to turn himself in early, Officer Sawyer responded that despite shooting at the vehicle containing several passengers three times he was not required to do so because he was not certain that he had actually hit anyone. Further, Officer Sawyer claims that his shooting of Mr. Tirado was justified in that he shot at the vehicle in defense of this life because he believed that Mr. Tirado would have shot him despite the fact that no weapons whatsoever were found on anyone in the car at the time of the incident.

Despite the public outrage over the senseless death of Mr. Tirado and officer Sawyer's failure to inform his superiors of the shooting, prosecutors at the Manhattan DA fail to charge Officer Sawyer with any wrong doing. The position by the DA and the police department is that it is not a crime to walk away from a shooting as such officer Sawyer was within his right to report the incident twenty hours after it occurred despite media's the extensive media coverage on the police's search for the gunman.

Irrespective of the merits of Officer Sawyer's claim of self defense, stands the issue of his failure to report this incident immediately to his superiors. Officer Sawyer's failure to notify the police of the incident not only cost this city a substantial amount of funds but also immobilized it by forcing officers to spent considerable time energy on a manhunt for Mr. Tirado's killer. In addition, it created unnecessary fear and apprehension within the public.

This bill would require that all police officers and peace keeping officers report incidents involving the discharge of their weapon within six hours of the occurrence. Requiring officers to report these occurrences not only served to uphold the professional dignity of our police officers but also saves the state time and money by preventing the expenditure of resources on an unnecessary investigating and search for a perpetrator. Aside from keeping the community from a state of panic at the idea of a criminal on loose, this bill also keeps intact the bond between our officers and the community that they are sworn to protect. It is unquestionable that incidents such as that which occurred with officer Sawyer undermines the confidence that the public has in our officers and their ability to keep our society safe.

Prior legislative history

2010: S.2786

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.