How many cases my case and so many others ...and is that on the NYPD test?
FACT or FICTION: The truth is Sgt. Hugh Barry was following Department guidelines in fatal shooting
There is no question that Police Commissioner James O’Neill misspoke when he publicly stated that Sgt. Hugh Barry “failed” during his fatal encounter with an emotionally disturbed woman who attacked him with a baseball bat in the 43 Precinct on October 18.
The SBA asserted from the beginning that Chief of Patrol Terence Monahan and Commissioner O’Neill had no right whatsoever to place Sgt. Barry on modified assignment before anything resembling an investigation took place.
In doing so, they not only ignored the Department’s own stringent rules related to the utilization of deadly physical force, they besmirched the hard-earned and well-deserved reputation of Sgt. Barry as an exemplary frontline supervisor.
Had the Chief and the Commissioner been more familiar with their own Department guidelines, they would never have made such an inappropriate statement that misled the public and lambasted the entire NYPD in the process.
What they conveniently ignored was the Department’s own antiquated training and the fact that police work is not an exact science and circumstances often change in the blink of an eye or the swing of a bat.
While in the Police Academy, all recruits are required to take a test related to deadly physical force. Unless they score 100 percent on the test, they cannot graduate.
Below (verbatim) is Question No. 6 from a recent exam:
With a baseball bat in his hands, an emotionally disturbed man charges at a police officer and threatens to break his nose. The officer is backed against a wall. Based on the Department’s guidelines on the use of force and deadly physical force...(select the correct statement):
A. Because a broken nose is not a serious physical injury, the officer may not shoot.
B. Because the suspect is threatening imminent deadly physical force, the officer may shoot.
C. The officer must first utilize his baton or pepper spray before shooting.
D. Department guidelines prohibit officers from shooting at emotionally disturbed persons.
The correct answer is B.
Notice that there is no option to first utilize a Taser or even to isolate and contain.>
This question makes it clear that Sgt. Barry did not fail, and the lie that was perpetrated on the public only exacerbated a tragedy for nothing other than political pandering and expediency at the expense of the truth.
TO BE CONTINUED!
Sergeants Benevolent Association