New York City Council Header
File #: Res 0136-2004    Version: * Name: A federal Civil Rights investigation into the fatal shooting of Timothy Stansbury, Jr.
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 2/26/2004
Enactment date: Law number:
Title: Resolution in support of a federal Civil Rights investigation into the fatal shooting of Timothy Stansbury, Jr. and calling upon the New York City Police Department to change its policy of allowing officers to have their firearms already drawn at their sides while patrolling public housing staircases and rooftops.
Sponsors: Charles Barron, Yvette D. Clarke, Letitia James, Robert Jackson
Council Member Sponsors: 4

Res. No. 136

 

 

Resolution in support of a federal Civil Rights investigation into the fatal shooting of Timothy Stansbury, Jr. and calling upon the New York City Police Department to change its policy of allowing officers to have their firearms already drawn at their sides while patrolling public housing staircases and rooftops.

 

By Council Members Barron, Clarke, James and Jackson

 

                     Whereas, On January 24, 2004, New York City Police Officer Richard Neri

fatally shot 19 year old Timothy Stansbury, Jr. on a roof of the Louis Armstrong

Houses building in the Bedford Stuyvesant section of Brooklyn; and

                     Whereas, Officer Neri and his partner, Officer Jason Hallik, were on a

routine patrol of the building’s roof and about to enter the stairwell, when the door

sprung open as Hallik was reaching to pull it open; and

Whereas,  Mr.  Stansbury, on his way to a party in an adjoining building,

was unarmed and was using the roof as a shortcut when he was shot; and

                     Whereas, Timothy Stansbury startled the officers by appearing at the door

 

and moving toward Officer Neri, who reacted on the darkened roof by firing one

 

shot into Mr. Stansbury’s chest; Mr. Stansbury’s friends, with him at the time of

 

the shooting, claim the victim made no sudden moves and never got beyond the

 

stairwell landing; and

 

Whereas, Police Commissioner Ray Kelly called the shooting unjustified

 

and an indictment had been expected, but on Tuesday February 17, 2004 a

 

grand jury declined to indict Officer Neri in the fatal shooting; and

 

Whereas, Although Officer Neri was acting in accordance with NYPD

 

procedures which allow officers to have their guns at their guns out at their sides

 

in dangerous situations, this tragic accident might have been prevented had

 

Officer Neri’s gun been holstered and not drawn; now, therefore, be it

 

                     Resolved, That the Council of the City of New York calls upon federal

 

prosecutors to initiate a civil rights investigation into the shooting death of

 

Timothy Stansbury, Jr. and calls upon the New York City Police Department to

 

change its policy of allowing officers to have their firearms already drawn at their

 

sides while patrolling public housing staircases and rooftops.