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This contradicts claims that the police searched the neighborhood for a missing man. there was no meaningful discussion of a fourth man, a mysterious figure who some in the Police Department have suggested may have been present along with the three men who were shot.
None of the witnesses whose accounts are in the report speaks of someone who may have fled — perhaps possessing a gun — and there are no indications that the police at the time were seeking anyone who may have left the scene." According to Michael Palladino, head of the police detectives union, a man working as a janitor in a nearby building told the detectives that he had seen a black man fleeing the scene, and that the man had fired at least once at the police.
Detective Marc Cooper was charged with two counts of reckless endangerment.
The Appellate Division of the Supreme Court, Second Department, denied a motion by the detectives' attorneys to move the trial to a venue outside of Queens.
Sharpton replied, "How can [the Detectives Endowment Association] support the detectives and I can't support the victims? Officer Marc Cooper shot four times, and Officer Gescard Isnora eleven.
New York Daily News columnist Juan Gonzalez reported that in the hours immediately after the shooting, there was no mention of a fourth man in police calls, and no search was launched for the alleged armed man.Following the adverse ruling, the detectives waived a jury trial and instead submitted to a bench trial.District Attorney Richard Brown has faced some criticism from activists who believe he did not question the police officers involved quickly enough. The ruling was handed down in a state supreme court in Queens.Guzman was listed in critical condition, and Benefield was in stable condition; both men survived the shooting.Surveillance cameras at the Port Authority's Jamaica Air Train station a half block away from the shooting site recorded one of the bullets shattering the station's glass window, narrowly missing a bystander and two Port Authority patrolmen standing on the elevated platform.