No Charges against White NYPD Overseer (Officer) who Killed Unarmed Latino Army Reservist - Never Given a Chance to Comply

From [HERE] A Queens grand jury on Thursday declined to bring criminal charges against a white New York Police Department detective who shot and killed an unarmed Latino motorist following a chaotic highway chase last year.

The grand jury made the decision regarding the death of 22-year-old National Guardsman Noel Polanco after meeting nine times over five weeks, according to a statement by Queens District Attorney Richard Brown, who is white (in photo). Because grand jury action is secret, Mr. Brown said he could not "provide the factual and legal basis for the grand jury's decision."

Mr. Polanco was shot along a stretch of the Grand Central Parkway near LaGuardia Airport on Oct. 4 by Det. Hassan Hamdy, but the circumstances surrounding the incident are in dispute.

An attorney for the detective, a 14-year veteran who was assigned to the elite Emergency Services Unit, said Det. Hamdy fired the single shot because he believed Mr. Polanco was reaching for a weapon underneath the seat of his Honda Fit. There was no weapon in the car, but police said they recovered a small mechanic's drill from beneath the driver's seat (to drill him to death from across the passenger seat).

Diane Deferrari, a friend of Mr. Polanco's who was riding in the front seat, said in interviews that Mr. Polanco had kept his hands on the steering wheel the entire time after he was pulled over and said the officers had been experiencing "road rage" after being cut off repeatedly by Mr. Polanco as they had given them the finger during the chase.

Once the car was stopped, Hamdy approached the Honda from the passenger side, where he shot Polanco through the open passenger-side window. Hamdy’s lawyer, Philip Karasyk, said that Hamdy believed Polanco was reaching for a gun. ButDeferrari, who was seated in the passenger’s seat, said that the oficer fired without giving Mr. Polanco a chance to comply with his orders to put his hands up and that his hands were still on the steering wheel when he pulled the trigger."Had I moved an inch, it would probably have been me.'' [MORE] 

A second passenger, also an NYPD officer who is a friend of Ms. Deferrari's (code of silence, don't get Dornered), claimed to be asleep in the back seat of the car during the high speed chase and said she was jarred awake by the sound of the bullet being fired.

Mr. Polanco died of a gunshot wound to his torso. A spokeswoman for the chief medical examiner said Mr. Polanco's toxicology report wasn't public information.

For Mr. Polanco's family and supporters, the narrative stood in contrast to his profile. He was said to be a driven and focused man with no criminal record who aspired to become a police officer and was serving as a specialist in the New York Army National Guard. At his funeral, he was posthumously promoted to sergeant.

The decision by the grand jury brought condemnation from Mr. Polanco's family and supporters, who said he was a victim of police brutality.

Sanford Rubenstein, a civil-rights attorney who is representing the victim's family, said the family was "extremely disappointed" by the grand jury's vote not to indict Det. Hamdy and would be considering "the best way to move forward" as they seek justice.

Ms. Deferrari declined to comment when reached by phone.

The Rev. Al Sharpton, who delivered the eulogy at Mr. Polanco's funeral, said in a news release that he was "displeased" with the grand jury's decision and suggested future legal action would be taken.

"Our quest for justice will continue as we fight for better policing throughout the city of New York and we will weigh the next steps in regards to this case," the statement said.

A spokesman for the NYPD declined to comment.

Philip Karasyk, Det. Hamdy's attorney, said his client is "extremely relieved" by Thursday's decision.

"No police officer ever wants to be faced with such a life or death decision, split second decision—it stays with them forever," he said of the fatal encounter. "He once again extends his sincere condolences to the Polanco family."

Mr. Karasyk said Det. Hamdy had waived immunity and testified before the grand jury for about four hours.

While he could not discuss the details of the testimony, Mr. Karasyk said, "His testimony was very sincere, heartfelt and truthful and that came across to the grand jury."

Det. Hamdy had been on active duty since the incident, officials and his lawyer said.

Michael Palladino, the president of the Detectives Endowment Association, the union representing NYPD detectives, said he was always optimistic the grand jury would not indict Det. Hamdy because "our detective never intended to commit a crime or take someone's life."

"Twenty-three grand jurors thoroughly examined the evidence and concluded no crime was committed," he said.

Mr. Palladino said he extends "our sincere sympathy" to Mr. Polanco's family on behalf of all NYPD detectives.

Mr. Brown said his office had conducted a "thorough, complete and independent investigation" that included interviews with witnesses and an examination of "all the available documentary evidence."

"Mr. Polanco's death remains a tragedy and I again express my sympathy to his family for their loss," he said in a news release.

The shooting will still be subject to an internal NYPD review, which is protocol for all police-involved shootings.