Body cams, then a suit
‘Unnecessary’ NYPD slay
The first fatal police shooting captured on NYPD body cameras and released to the public in an effort to show cops’ “discretion and restraint” has resulted in a lawsuit.
The estate of Miguel Antonio Richards charges that Officers Mark Fleming and Redmond Murphy used excessive force when they fired 16 times, striking him seven times, on Sept. 6, 2017. Richards had come at the cops with a toy gun and a small knife in his Bronx apartment.
The deadly encounter was captured on the body cameras of four officers at the scene. Police Commissioner James O’Neill released a 16minute compilation of the footage, telling the rank and file that transparency would help foster trust with the community.
“The level of discretion and restraint exercised by members of the NYPD is nothing short of exceptional. Releasing footage from critical incidents like this will help firmly establish your restraint in the use of force, and will plainly exhibit to the public your reasonable and judicious use of force when that force becomes necessary,” O’Neill said.
Attorney Daniel McGuinness, who is representing the estate, has a different perception. “If you watch this video you see a steady escalation and intensity. There’s shouting, profanity and instigation,” he said.
“If this situation had been approached with deescalation and mental health professionals this could have been calmed down and not ratcheted up to where someone died.”
The suit was brought by the administrator of Richards’ estate, Sarekhi Stephens, who is a family friend.
It was only 13 minutes into the tense, hourlong encounter that a cop said he believed that Richards was holding a gun, according to the lawsuit.
“It was apparent, or should have been apparent to Fleming and Murphy, that Mr. Richards was experiencing a mental health crisis and/or was emotionally disturbed,” the suit filed Tuesday in Manhattan Federal Court reads.
The suit cites other high-profile NYPD shootings as evidence the police fail to train cops how “to deescalate confrontations with emotionally disturbed persons.” The police killings of Dwayne Jeune, Deborah Danner and Mohamed Bah were all “unnecessary civilian deaths,” the suit says.
The city Law Department and the NYPD declined to comment.