NYPD: Brothers Shawn and Edwin Rivera facing charges after off-duty officer shot in Woodside, Queens
NEW YORK -- The NYPD said an off-duty officer was shot on Wednesday in Queens.
The shooting happened at Queens Boulevard and 70th Street in Woodside.
Police sources told CBS New York the incident is being investigated as a case of road rage after a suspect smashed the back window of the officer's personal vehicle.
The NYPD says around 12:45 p.m., the off-duty officer was driving a green vehicle and couldn't get around a white minivan blocking the service road of Queens Boulevard. At some point, words were exchanged and the officer got around.
But later, at Queens Boulevard and 70th Street, the vehicles met up again.
"The male in the white vehicle had words with our (member of service) again and a second man who was on foot ran up behind off-duty MOS's vehicle and smashed his window," Chief of Patrol Jeffrey Maddrey said.
That's when police say the off-duty officer got out, identified himself as a police officer and drew his firearm. The cop allegedly announced one of them was under arrest for breaking his window and while holding a suspect, he called 911 for backup.
Cellphone video shows the officer saying "Get on the ground, I'm a police officer" and pointing his gun at them.
One of the suspects can be heard saying, "You can't shoot. You got no badge. No nothing." In another part of the video, a suspect tells the officer, "You tried to run me over. That's why I hit that [expletive]."
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"Our MOS re-holsters his weapon when him and a male get into a struggle," Maddrey said.
Police said the brother of the suspect came from behind the officer and put him in a chokehold, adding both men started punching and beating the officer.
"They push him up on a car vehicle. They're trying to unholster his weapon and take the weapon from him," Maddrey said. "Our officer grabs his weapon, he's trying to retain the weapon. All three of the males go down on the ground. The two males are on top of our officer, continuing to punch him and kick him, at which point a round is discharged from the MOS's weapon.
"One of the males runs from the struggle. The other male continues to fight with the officer and another round is discharged. At this point, the male is on top of our officer and our officer is laying motionless," Maddrey added.
Police say it's still unclear whose finger was on the trigger when the gun was discharged.
The off-duty officer suffered a gunshot wound to his left thigh, police said.
The NYPD identified the suspects as 32-year-old Edwin Rivera and 27-year-old Shawn Rivera. One suffered a gunshot wound to his hand, and the other was injured while breaking the glass, police said.
Shawn Rivera was charged with four counts of assault, strangulation, criminal possession of a weapon, criminal mischief, resisting arrest and obstructing government administration. His brother, Edwin, was charged with assault, criminal possession of a weapon and obstructing government administration.
The wounded off-duty officer was said to be "in good spirits" at the hospital.
Police sources say the gun the off-duty officer had was a department-approved 9mm handgun. Officers are encouraged to carry a department weapon when off-duty, but one NYPD source CBS New York's Doug Williams spoke to did say that officers are told to have a badge or department ID when using that weapon off-duty. It's not yet clear whether the officer had his and why he may not have displayed it.