Bystander injured in NYPD shooting on Brooklyn subway platform plans to sue city for $80 million
NEW YORK — A bystander who was struck by a bullet when NYPD officers opened fire on a Brooklyn subway station in September plans to sue the city for $80 million.
In the legal claim, a lawyer for Gregory Delpeche, 49, accuses the officers of showing "carelessness and reckless" disregard for bystanders' lives when they fired shots at a suspected fare evader, who police say was holding a knife.
Delpeche suffered a brain injury when he was hit by a bullet while riding the L train to his job at a Brooklyn hospital, according to the notice of claim, which is the first step in filing a lawsuit against the city.
Bystander struck in head when NYPD officers open fire on subway platform
The incident on Sept. 15 started when police officers confronted 37-year-old Derell Mickles at the Sutter Avenue station for jumping the turnstile. Body camera footage shows Mickles following police officers' orders to leave while holding an open knife by his side.
About 10 minutes later, video shows Mickles returning and standing near an NYPD officer by the station's emergency door for a few minutes. After someone exits through the door, Mickles is seen walking through it to enter the station, quickly followed by two NYPD officers.
The officers follow Mickles to the platform, where they repeatedly ask to see his hands and tell him to drop the knife. Mickles keeps his hands behind his back and repeatedly says, "Leave me alone."
During the interaction, an L train pulls into the station and video shows Mickles boarding the train, followed by the two officers, who continue to order him to put down the knife while Mickles hides his hands behind his back. The officers then deploy a Taser, which does not seem to have any effect on Mickles. The knife can be seen in Mickles hand again at that point in the video.
Mickles then runs onto the platform, and the officers follow. The two officers then fired their guns a combined total of nine times. Mickles, one of the officers, a 26-year-old woman and Delpeche were all struck by bullets.
Injured bystander remains hospitalized over 2 weeks after shooting, lawyer says
The legal notice, filed Thursday by lawyer Nick Liakas, alleges Delpeche was hit due to the officers' "carelessness and reckless disregard of the lives, privileges, and rights of others" and says he is seeking $80 million in compensation.
It notes he "is currently suffering with multiple cognitive deficits including deficits in his ability to speak and to form words" and "remains confined to a hospital bed in a level-one trauma center."
Liakas said that since the Sept. 15 shooting, Delpeche has been able to communicate "in few words, but with difficulty and delay."
The city's law department declined to comment.
Police officials have defended the officers' actions. NYPD Chief of Patrol John Chell previously described the shooting as a "tragic situation" and said "we did the best we could to protect our lives and the lives of people on that train."
Mickles pleaded not guilty from a hospital bed to charges including attempted aggravated assault on a police officer, menacing an officer, weapons possession and evading his subway fare.