Analysis of the Timothy Stansbury Shooting
February 29, 2004
Alex S. Vitale
Department of Sociology, Brooklyn College
avitale@brookyn.cuny.edu, 718-951-5935
It appears from press reports that the root cause of this tragedy was poor tactical judgement on the part of Officer Neri,
in deciding to unholster his weapon and possibly even having his finger on the trigger during routine patrol. Police guidelines
on weapons tactics are and must be flexible. Each situation an officer encounters has it's own nuances. Certain guiding principles,
however, underlie these policies and I believe were violated by Officer Neri. Police officers are instructed that they should
not unholster their weapons unless there is a specific reason to do so. Further, they should not have their finger on the
trigger unless there is a clear and present danger.
NYPD Deputy Commissioner James Fyfe, who is in charge of training, recently drafted a new Use of Force guide. In it he
states, "because drawing a firearm is so provocative and alarming, it should be done only under circumstances in which officers
reasonably believe that they may soon have to use deadly force to defend themselves or others against lethal assaults." The
implication is that they otherwise risk either unnecessarily escalating the situation or of having an accident.
The goal of these guidelines is to reduce the use of deadly force (The NYPD’s overhauling of its deadly force guidelines
in 1972 resulted in a major reduction in police shootings). One of the philosophies underlying this approach is that officers
should avoid putting themselves unnecessarily in situations in which the use of deadly force through intention or accident
will become more likely. Dept. Commissioner Fyfe even published a study before rejoining the NYPD in which he points out that
officers too often put themselves in poor tactical situations in which the use of deadly force becomes more likely than it
would have been with better judgement. This is one of the key lessons of the Amadou Diallo shooting. Those officers failed
to approach him from a position of cover. As a result they ended up shooting him 19 times because when one of the officers
fell down, they believed they were under attack and felt they had to fire back because they were standing in the middle of
the sidewalk, with no protection.
Vertical patrols, in which officers walk through the stairwells of high-rise apartment buildings have become a routine
practice. The police have viewed this relatively new tactic as an important tool in fighting crime and disorder in high crime
areas. These stairwells were often plagued by drug dealing and other illegal activity including sometimes-violent crimes.
It is important to remember, though, that these stairwells are also heavily used by residents for legitimate purposes. As
was the case with Stansbury, they are a convenient means of movement around the building. They also serve as playgrounds for
children, places for friends to hang out, and sites of romantic rendezvous in parts of the city where public space is either
lacking or not very safe. As a result, it is imperative that officers on routine vertical patrols act with restraint and good
judgement.
In this case Officer Neri’s decision to conduct the patrol with his weapon drawn seems inconsistent with the core
principles underlying use of force policies. Because these are public spaces, used in many different ways, the risk of encountering
lawful citizens is high. Any encounter between the police and the public in which an officer has his gun drawn becomes a potentially
lethal encounter. The possibilities for errors of judgement or accidents increases dramatically. Police officers should not
have their weapons drawn during routine patrols, even in high crime areas. The risks to innocent civilians are too great.
A question has emerged about whether this was an isolated case of poor judgement or a routine practice. Clearly this question
needs to be further investigated. Consistent with the principles outlined above, officers should be instructed that it is
not appropriate to patrol with their weapons drawn. It is possible that officers need additional training in how to conduct
vertical patrols in a way that minimizes the risk that they will find themselves in an unexpected unprotected encounter with
a dangerous suspect.
Many New Yorkers were pleased to see that unlike his recent predecessors, Commissioner Kelly was willing to give a statement
early on that this did not appear to be a justified shooting. This new openness suggests that the Department and the Mayor’s
Office are willing to make tough judgements about the propriety of police shootings without waiting for a long investigation.
This is not the same as an accusation of criminal guilt, which is a matter to be pursued in the courts. Politically, however,
it is essential that the public not view the leadership of the police and the city as being uncritical defenders of every
act by the police. This lesson, however, has not been learned by the police union, which continues to defend the actions of
officers regardless of circumstance. They may feel that this is their necessary role, but it undermines their credibility
and public support.
Given the facts that are public, I’m not convinced that a criminal prosecution was warranted. There also don’t
appear to be sufficient grounds for a federal civil rights suit against Officer Neri, though the Department might be vulnerable
to a federal suit charging it with encouraging or overlooking practices that are obviously a threat to public safety and inconsistent
with the best practices used by other departments. I don’t think there was criminal intent or a clear disregard for
well-established procedures, in part because the principles I’ve outlined are not well established in the department.
It seems clear, however, that the officer’s poor tactical judgement dictates that he should be removed from the force.
People who want to see justice done in this case should call for four things:
- Officer Neri should be removed from the force.
- An investigation into current firearms policy and practices should be conducted, with input from experts outside
the NYPD. Federal Civil Rights suits against the Department might be necessary as part of this process.
- Clear guidelines and training practices should establish that weapons should not be drawn during routine patrols.
- The City should reach a substantial civil settlement with the family of Timothy Stansbury.
For more information on police accountability issues and organizing in New York City go to www.nyc-justice.org.
