Fired Outside Nightclub

Fired Outside Nightclub
Want CO Suspended Over Gun Incident

A Correction Officer who fired his gun eight times at a group of retreating assailants outside a Queens nightclub should be suspended for two months, an Office of Administrative Trials and Hearings judge has recommended.

Administrative Law Judge Kevin F. Casey ruled that Correction Officer Ngozi Akua pulled out his gun to protect himself from four men attacking him during an early morning July 23, 2004 incident.

'Unprofessional Behavior'

"However, [Mr. Ngozi's] actions preceding and following his display of the weapon were unreasonable and improper," Mr. Casey said. "Respondent's excessive consumption of alcohol, while in possession of a firearm, was unprofessional behavior that violated department policy."

The two Police Officers who responded to the Elmhurst, Queens club said Mr. Akua was visibly intoxicated. Mr. Akua, however, insisted at the OATH proceeding that he drank only one beer that night. But Mr. Casey did not find that account credible based on the officers' testimony and other evidence.

Video recordings from the club's surveillance cameras showed that Mr. Akua and his friend, CO Judemyr Glemaud, were involved in a fight with other patrons inside and refused to leave.

Pursued When They Fled

A bouncer, however, forcibly removed both men. Outside, the bouncer held Mr. Akua in a headlock while the man he had argued with inside and three of his friends punched him. One of them struck Mr. Akua in the head with a bottle.

At that point, Mr. Akua pulled out his gun and pointed it toward the men, who hesitated and walked away. But Mr. Akua then chased the men down a ramp into a parking lot, beyond the camera's view.

At the OATH proceeding, Mr. Akua denied chasing after his attackers and said that he simply bumped into them again on his way to his car. But he conceded that there was no reason for him to have his weapon out after the men retreated.

"In his angry and intoxicated condition that night, [Mr. Akua] had no business chasing four men into a parking lot, where he discharged his weapon eight times," the OATH recommendation stated. "His actions were conduct unbecoming an officer and of a nature to discredit the department."

Mr. Akua told the Police Officers responding to the scene that he discharged his weapon after one of his assailants pointed a gun at him. A few hours later, the recommendation pointed out, he explained to a Correction Investigator that he only returned fire after he had been shot upon.

A Telling Omission

Mr. Casey noted Mr. Akua's conflicting version of events and ruled, "If respondent had been shot at, surely he would have mentioned it to the police." Also, none of his assailants were charged with attempted murder, possession of a weapon, or any other crime suggesting that they fired at Mr. Akua, who was given a desk appearance ticket for menacing and reckless endangerment. The charges were later dropped.

Correction Captain Jack Echeverri, a department firearms instructor, testified that Mr. Akua was authorized to carry his Glock semi-automatic pistol while off-duty. He added, however, that discretion is required. If an officer intends to go out drinking, "It's best to leave the gun at home," he said.

After reviewing the surveillance video, Mr. Echeverri opined that Mr. Akua should have called the police after his attackers left.

Police Officers Michael Allocca and Louis Bauso testified that they saw Mr. Akua holding a gun and standing next to his friend in the parking lot. They called for backup and ordered him to drop his gun and get on the ground. Mr. Akua, who was initially reluctant and a bit indignant, obeyed the order, the officers said.

"This was a petty situation in a social club," Mr. Casey ruled. "Because [Mr. Akua's] was intoxicated and armed with a loaded weapon, it became a potentially deadly situation."

'Lack of Maturity'

The recommendation noted that Mr. Akua, who joined the department in June 2001, had a clean disciplinary record. The department was seeking to fire Mr. Akua, but Mr. Casey said there were mitigating factors. "There is no indication that he has a chronic problem with alcohol," he said. "Also, [he] was obviously provoked."

Mr. Casey, however, stressed that none of those facts suggest an excuse for Mr. Akua's behavior that night. "[Mr. Akua's] actions in this case reflect a lack of maturity," he ruled. "He should recognize that there is no need for him to possess a firearm at a social occasion or to consume alcohol while in possession of a weapon."

The recommendation was forwarded to Correction Commissioner Martin F. Horn, who has final authority on disciplinary matters.