$1M slay by cop
City pays in case of stray shot that killed innocent
THE CITY HAS agreed to pay $1.1 million to the family of an innocent bystander shot to death by an undercover NYPD cop during a sting operation went wrong, the Daily News has learned.
Felix Kumi’s widow agreed to the deal after filing a $20 million notice of claim against the city, accusing the cop and other police involved in the sting of negligence and violating NYPD policies. A notice of claim is the first step in suing the city.
Kumi, a 61-year-old school bus driver and father of three, was crossing a street in Mount Vernon at about 3:40 p.m. on Aug. 28, 2015, when he was shot in the torso by the officer. The devout Jehovah’s Witness who lived in the Westchester County city died nine hours later at Jacobi Medical Center in the Bronx.
The undercover cop — a detective who was never publicly identified by the NYPD and has since resigned from the force — was purchasing an illegal gun in a parked car as part of the sting. But during the sale, the officer and the gun seller were held up, according to court papers filed with the notice of claim.
“Within five seconds of the robbery, the undercover police officer, without identifying himself and in violation of the NYPD Patrol Guide, discharged his Police Departmentissued Glock automatic pistol and fired 21 bullets at the fleeing robber, shooting him in the back two times, but also shooting the deceased, an innocent civilian crossing a suburban residential street in plain view,” the court papers say.
The city controller’s office reached the settlement with Kumi’s widow, Wanda SpruillKumi, in the fall. The controller has the power to settle a notice of claim before it becomes a lawsuit. The $1.1 million settlement still must be approved by a judge in Westchester Surrogate’s Court, which has jurisdiction over Kumi’s estate.
Spruill-Kumi’s attorney, Stephan Peskin, declined to comment on the settlement. His law firm is expected to receive $375,680 in legal fees and expenses from the deal, court records show.
The controller’s office declined to comment on the settlement.
The undercover cop was never charged in the shooting, but he resigned from the department in October.
Sources told The News in February that he was too distraught to stay on the force and suffered from posttraumatic stress disorder. He was able to leave with a tax-free disability pension.
The robbery suspect, Alvin Smothers, survived being shot, but has been charged with murder.