Newly released footage of New York police officers opening fire on a knife-wielding man in a Brooklyn subway station has failed to quell anger over their unintentional shooting of two bystanders, one of whom was hit in the head in the hail of gunfire.
Police released the 17-minute video on Friday, which has drawn widespread criticism. The graphic footage, captured by the two officers’ body cameras and other cameras installed in the station and on a subway car, shows a confrontation that began with a man entering the system without paying and two officers forcing him out.
The video shows the man, Derrell Mickles, exiting through the turnstile holding what appears to be an open folding knife in his right hand as officers followed a short distance away. A second encounter that began about 10 minutes later ended with Mr Mickles, a police officer and the two bystanders injured.
The shooting at the Sutter Avenue L station on Sunday is being investigated by the police department’s Force Investigations Division and the Brooklyn District Attorney’s Office. Police leaders and Mayor Eric Adams have said the shooting was justified under department rules because Mr. Mickles had a gun and threatened officers with it.
But some critics have accused the police of overreacting in a dangerous and excessive manner, turning what started as a minor fare evasion into unnecessary violence. Among those critics is the family of the man who was shot in the head, Gregory Delpeche.
Mr. Delpeche, a 49-year-old hospital worker, remained in critical condition Friday. Minutes after the video was released, his family gathered around a phone near the Sutter Avenue station and watched the video for the first time before holding a news conference.
After viewing the video, Greg Nougues, Mr. Delpeche’s cousin, said the explanations from police chiefs and the mayor about why the officers fired their weapons made no sense. The video does not show how Mr. Delpeche and the second person there, a 26-year-old woman who was shot, were hit.
“I just don’t understand how the mayor can say this is justified,” Mr. Nougues said.
The events leading up to the shooting began around 3 p.m., when Mr. Mickle first tried to evade paying his fare, as seen in the video. Two officers, Edmund Mays and Alex Wong, followed him into the station, and he left moments later with what appeared to be a knife in his hand, as seen in the video. (Just after he jumped the turnstile, two other people are seen entering without paying.)
Police said officers asked him to leave, he complied, and it was during that interaction that they learned he had the knife. The footage released Friday does not specify when they realized this.
A few minutes later, the footage shows Mr Mickles returning to the station, lingering briefly by the emergency door before walking through it as someone exits. Police officers follow him through the door and up the stairs to the platform.
“Watch out, he’s got a knife in his hand,” Officer Mays says as they walk up the stairs, the video shows.
As he and Officer Wong follow Mr. Mickles onto a narrow, mostly empty platform, they repeatedly ask him to drop the knife, which he appears to be holding in his right hand. He acts combative, telling them to leave him alone while at times quickening his pace as the officers attempt to keep up. He continues to ignore their repeated orders, stating that he will not drop the knife and challenging them more than once to shoot him.
An L train enters the elevated station and Mr. Mickles walks away from the officers and climbs into one of the cars. They follow him and again demand that he drop the knife in front of several passengers. When he continues to refuse, they fire their Tasers. The devices fail to subdue him and he leaves the car onto the platform while pulling the Taser prongs out of his shirt.
The video shows Mr. Mickles running down the dock toward Officer Mays before stopping and turning toward Officer Wong. He appears to stand still as the two officers begin shooting, the video shows. Officer Wong fired six shots and Officer Mays fired three, the video shows.
Mr Mickles stumbles towards an open train car and falls in with the knife still in his hand, the video shows. People sitting in the car scream and run can be heard.
“I’m shot, I’m shot,” Officer Mays yells, his gun still drawn. He and Officer Wong continue to yell at Mr. Mickles to drop the knife. One officer kicks him away and another man can be seen picking it up. (Police said they later recovered it.)
Mr. Mickles, who was shot in the stomach, remains hospitalized. On Friday, he was arraigned from his hospital bed on charges including attempted aggravated assault on a police officer, attempted assault, threatening a police officer, criminal possession of a weapon and theft of services. Mr. Mickles has pleaded not guilty and is being held on $200,000 cash bail.
John Chell, the police department’s chief of patrol, defended the officers’ actions at a news conference Wednesday. He said they followed department guidelines, which allow for the use of deadly force when officers believe their lives or the lives of others are in danger.
“We are not perfect and not all situations are the same,” Chief Chell said. “This is a fast-moving and stressful situation and we have done our best to protect our lives and the lives of the passengers on this train.”
Mr. Adams, a former police captain, echoed that sentiment in the aftermath of the shooting, saying the officers “should be commended for the way they really showed a great level of restraint.”
On Friday, he offered his condolences to injured bystanders. “Nobody wants to see innocent people injured,” he said.
“While the formal review continues, and out of respect for that process, I will refrain from further comment,” he added.
Lawyers for Mr. Delpeche’s family said Friday night that the mayor had not visited Mr. Delpeche in the hospital or spoken with family members. One of the lawyers, Keith White, said he had been in contact with the mayor’s chief of staff.
“This is an issue that should concern all New Yorkers,” another attorney, Nicholas Liakis, said at the news conference. Today, he continued, “it’s Mr. Delpeche. Tomorrow, it could be you. It could be your child. It could be your husband. It could be your wife.”
Alyce McFadden contribution to the report.
