A New York cop who shot a man in the back in 2008, then sued the city because he was subsequently assigned to a desk job and couldn’t receive overtime pay, will keep his job, even though a judge found him guilty of violating police policy when he permanently paralyzed Ahmed Evans in 2008.
The New York Daily News got the story, saying that Police Commissioner Raymond Kelly had rejected the judge’s recommendation to fire Officer Daniel Hernandez.
Evans (pictured) was on the run from police for violating a restraining order against his girlfriend on July 21, 2008, when Hernandez spotted him hiding under a car in Brooklyn’s Bedford-Stuyvesant district.
When Evans crawled out from his hiding place, Hernandez shot him in the back. Evans is now confined to a wheelchair for life.
Even Evans' lawyer in the victim’s $6 million lawsuit against the city does not believe that Hernandez's actions were premeditated, however.
“Ahmed is gratified the cop was found guilty, but I’m not ever going to say (Hernandez) went out that day intending to shoot someone,” said Kenneth Ramseur. “He panicked.”
According to the Daily News, the NYPD’s own investigation found that Hernandez was too itchy with his trigger finger, saying the officer, “used deadly physical force against another person without having probable cause to believe that he must protect himself or another person present from imminent death or serious physical injury.”
But Kelly decided against kicking Hernandez off the force, citing the officer’s lack of any previous disciplinary issues, the Daily News reported.
He won’t be allowed to carry a firearm, however, Kelly has ruled, according to the paper.
SOURCES: New York Daily News, Gothamist