Was Fear Justifiable?

To the Editor:

A police officer's fear that someone may be about to use deadly force (gun) against that officer is not enough under the law for an officer to begin shooting. His fear must be reasonable - that is, reasonable for a police officer in that situation. And, the officer must not have created the dangerous situation himself by cornering or rushing a suspect without properly identifying himself.

The alleged Fourth Man (the one after Harry Lime in The Third Man?) in the car in which Sean Bell was killed and others seriously wounded probably wouldn't make a difference in determining whether the shooting was justified. None of the officers have said that they saw anyone with a gun in his hand before firing their own guns.

And what about an alleged witness saying he or she saw a man running with a gun in his hand? Well, once the shooting started, I'm sure anyone with a gun would probably pull it out - that also has nothing to do with this case. If some gun is fished out of a nearby sewer, what does that mean? Probably nothing.

Hey, I have a novel idea: How about everyone tell the truth and let the chips fall where they may? Yeah, I know. That's crazy!

MICHAEL J. GORMAN

Editor's note: The writer is a retired NYPD Lieutenant and an attorney.