An appeals court has again cleared an ex-cop of criminal charges for shooting an unarmed teenager during a wild chase in the Bronx. But a dissenting judge fumed that the decision by the Appellate Division this week to overturn the 2001 conviction of Officer Mark Conway on criminally negligent assault charges "condoned" police misconduct.
"This case presents a perfect example of why police misconduct is such a persistent, endemic problem in this city," Justice Milton Williams wrote. "It is condoned in high places."

Bronx District Attorney Robert Johnson also objected to the 3-1 ruling, saying there are no grounds for appeal.
"I find it extremely disheartening that three appellate judges cannot perceive the risk in this situation," Johnson said in a statement. Conway shot Dantae Johnson seven years ago today. He retired from the NYPD in 2005, paid a $1,000 fine and performed 150 hours of community service after his 2001 sentencing.

But he also appealed his conviction, and the Appellate Division sided with him in 2005. The panel ruled that Conway was not criminally negligent when his weapon discharged as he tried to grab Johnson while driving after him in an unmarked police car. The state's highest court disagreed but kicked the matter back to the Appellate Division for a factual review of the case.

In its latest ruling, the panel found there wasn't enough evidence to support the conviction beyond a reasonable doubt.

"He's relieved and he's pleased with the decision," said Conway's attorney, Richard Mischel, who handled the appeals case. "He wants to get on with his life."

Dantae Johnson, who was 16 at the time of the shooting, since has had repeated run-ins with the law for drugs, robbery and gun possession. He is now in state prison. In 2005, the city agreed to pay Johnson $2.3 million to settle a lawsuit.

"This decision is extremely disheartening," said attorney Sanford Rubenstein, who represented Johnson in his suit. [more]