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Family of man accidentally shot in NYPD L train shooting wants investigation

Family of subway rider shot by NYPD in Brooklyn wants investigation
Family of subway rider shot by NYPD in Brooklyn wants investigation 02:49

NEW YORK – Family members of the man accidentally shot in the head by NYPD officers at a Brooklyn subway station are calling for an investigation into the responding officers' actions.

The suspect was shot, and one of the officers was also hit, along with two civilians.

Gregory Delpeche, 49, was accidentally shot in the head. He remains in critical condition. His family said he's undergone surgery, but is fighting for his life. 

According to his family, Delpeche was on his way to work Sunday afternoon sitting on a subway car at the Sutter Avenue subway L train station when he was struck by a stray bullet fired by police. 

Authorities said it all started when the two NYPD officers tried to stop Derell Mickells, 38, for jumping a subway turnstile. They say Mickells ignored their commands, and ultimately pulled out a knife and moved towards them. Police said their tasers were ineffective, so they pulled out their guns. Police fired nine rounds, which struck the suspect in the abdomen, one of the officers in the armpit, a 26-year-old woman in the buttocks, and Delpeche in the head. 

Delpeche remains in intensive care at Kings County Hospital. His family is praying for his recovery. 

The 26-year-old woman and police officer were both released from the hospital. 

"I believe that the NYPD was reckless"

"He keeps to himself. Quiet, and he was hardworking. Been with Woodhull Hospital for 20 years. So he was on his way to work. There's no reason why he should not make it to work. I believe that the NYPD was reckless," Delpeche's cousin Gregory Nougues said. 

"This unnecessary tragedy could've been avoided had they employed proper de-escalation measures," attorney Nick Liakas said. "We are here to ask for a full investigation. We are here to ask that the NYPD and the interim commissioner release the body camera footage of those officers." 

Liakas said the police response sparked outrage, leading to demonstrations in Brownsville, including at the Sutter Avenue subway station, where 18 people were arrested Tuesday night

The officers have been placed on desk duty as the NYPD investigates, as per police shooting protocol. 

Meanwhile, Mickells faces several charges, including attempted assault and criminal possession of a weapon. 

Mayor, police commissioner defend officers in incident

"He was not shot for fare evasion. He was shot because he had a knife and he went after the police officers ... I thought those officers responded accordingly," Adams said at a news conference Tuesday.

Interim Police Commissioner Tom Donlon spoke about the incident at a news conference Sunday evening after the shooting. 

"Make no mistake, the events that occurred on the Sutter Avenue station platform were the results of an armed perpetrator, who was confronted by officers doing the job we asked them to do," Donlon said. 

"It started because somebody wanted to come to the transit system with a weapon, somebody who, as the mayor said, had a history of crime and a history of violence and even gun charges," MTA CEO Janno Lieber said.  

NYPD Chief of Department Jeffrey Maddrey gave an account of the shooting.

"At a certain point on the platform [Mickells] mutters the words 'I'm going to kill you if you don't stop following me,'" Maddrey said. "The officers are able to catch up to him. [Mickells] turns around. He confronts the officers. The officers are asking him to take his hands out of his pockets. They become aware that he has a knife in his pocket. They give numerous commands. [Mickells] basically challenges the officers, 'No, you're going to have to shoot me.'"

Police later said they were searching for a man who was seen taking the knife from the crime scene.

In response to Mayor Adams's defense of the NYPD after officers opened fire at a Brooklyn subway station on Sunday, the New York Civil Liberties Union issued the following statement, attributable to 

"On Sunday, the NYPD shot two bystanders and their own officer in a crowded and confined area in pursuit of a $2.90 subway fare. This deeply disturbing incident shows why relying on ever more police in subways and harsh new crackdowns for minor offenses won't bring true community safety," New York Civil Liberties Union Executive Director Donna Lieberman said. "Yesterday, the Mayor praised the NYPD's 'restraint' in shooting four people, including a bystander who has suffered brain damage. It seems Mayor Adams is more comfortable with New Yorkers taking a bullet than second-guessing his NYPD."

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