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1/25/2018 7:38:29 AM
Posted: 2/23/2006 2:15:21 AM EST
Fox5 reports they suing the City of New York for $50,000,000 over the shooting.

Any sympathy I had for him or his family has pretty much evaporated.
Link Posted: 2/23/2006 4:17:39 AM EST
[Last Edit: 2/23/2006 4:20:01 AM EST by Wave]
Link Posted: 2/23/2006 4:38:09 AM EST
Link Posted: 2/23/2006 4:47:37 AM EST

Originally Posted By Phil_A_Steen:
Fox5 reports they suing the City of New York for $50,000,000 over the shooting.

Any sympathy I had for him or his family has pretty much evaporated.

Let me get this straight. $50 million for what? You know what, I recently saw a thread where some asshat wants off duty LEO to be unarmed. This would be a case for them. Do it for the off duty cops! lol
Link Posted: 2/23/2006 12:35:07 PM EST
From what I read in the NYPost today, the family claims he didn't respond to the "Freeze" command because of beatings from his injury.

I personally hope the city defends this one to the bitter end.
Link Posted: 2/23/2006 12:53:08 PM EST
Link Posted: 2/23/2006 1:07:24 PM EST
NYC is self insured. They will likely settle out of court for an undisclosed sum. It would probably cost them more to retain a law firm to defend them as well as the risk of a jury trial. The juries in da Bronx like to stick it to the city whenever they get the chance to.
Link Posted: 2/23/2006 7:40:26 PM EST
The Officer is not mentioned in the Law Suite. This is the same Lawyer that asked for 50 mil and got 3 mil for an officer wounded in a cop on cop shooting. The whole thing is tragic all the way around and I have a feeling the Lawyer approached the family. Not that the family was not thinking of pulling a wrongful death suit but they do deserve to get some sort of Monetary Compensation.

What does not need to happen is the officer who did the shoot be put through this and I do not know how that will not happen. My thoughts and Prayers go out to all involved in this.

DO you think he went out to get that drunk? Do you think he deserved a beating like he got? If any one should pay is the Families of the kids that did the beating. Because he would not have been shot if they didn't START the whole thing. Bottom line the Thugs that beat him caused his death...Let them rot in Jail. YES if he was going to go and get drunk he should have not been armed. If he wasn't we all would be saying what a fool for not having his gun, you know it and I know it.
Link Posted: 2/23/2006 8:40:56 PM EST
Link Posted: 2/24/2006 3:13:24 AM EST
RKBar15, the City of New York usually defends itself. The Corporation Counsel office, as it's known, is a tremendous joke in my opinion. It's filled with lawyers who are doing a stint of a few years working the defense side of claims before going out and spending the rest of their lives suing the city on behalf of clients.
Link Posted: 2/24/2006 4:10:21 AM EST
The man's death was tragic. It was triggered by these factors, in this order.

1. He had a gun.
2. He was drunk.
3. He was drunk.
4. From all reports, he returned to the food joint three times to confront these guys.
What rational, clear thinking person, a cop, no less, does that?
5. He was drunk. At gun point, he accosted someone not involved in the melee.
6. He got beaten BECAUSE he was drunk. Not because six guys jumped him.
7. He (assumedly) did not process the orders from the uniform, because he was beaten, which was a result of him being drunk.

Sorry he's dead. He did not deserver to die.

Link Posted: 2/24/2006 4:24:50 AM EST
I hope the family doesn't get a red cent!

The PO who shot him was doing his job, and doing it well... and now he and his family are suffering over this tragedy because of this drunk mutt cop!
Link Posted: 2/24/2006 5:14:44 AM EST
Link Posted: 2/25/2006 6:40:06 PM EST
The biggest victim here is Officer Toro

Who determined the outcome of that fateful night ? Officer Hernandez , that's who

None of us was there but if Officer Hernandez's Blood Alcohol Level was indeed as high as was reported then the fault lies with him

Now I've been a Peace Officer for 16 years God knows I'm not perfect
I recall one night in particular that I stopped at a bar after work and got loaded ( no weapon on my person ) and I chose to drive home 12 miles from that bar

I was wrong and had I got into an accident I would have been responsible

Officer Hernandez chose to drink Alcohol while carrying a weapon
He put Officer Toro in a shitty situation and Officer Toro did what is expected of a Trained LEO

Eric Hernandez- Rest in Peace There but for the Grace of God go I

Officer Toro - I hope and pray that all goes well for him Put in that situation I don't think I would've yelled " Drop the gun " more than twice before firing

I would hope that the family will come to their senses and drop this ridiculous lawsuit
Link Posted: 2/26/2006 2:47:45 AM EST
Link Posted: 2/26/2006 12:34:42 PM EST
Good link Wave...

Link Posted: 2/26/2006 1:09:09 PM EST
[Last Edit: 2/26/2006 1:09:42 PM EST by ColtM4]
The city has is in a strong position for this suit. Since the Diallo shooting and the subsequent lawsuit which the city lost ( they paid out) NYPD has significantly improved both recruit and in-service training including an entire section on using cover , practical application in FATS and Simunitions etc....

P.O. Hernendez's death was a tragedy but I dont see where the City would be liable.

my .02
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