No Criminal Charges For Cop Who Killed Colleague Mistakenly

A Manhattan grand jury voted Aug. 13 not to take action against Police Officer Andrew Dunton for fatally shooting fellow Police Officer Omar Edwards in Harlem in May after he mistook the cop in street clothes for a criminal pointing a gun at him.

According to police, Officer Edwards, 25, who had just finished his shift at about 10:30 p.m., and was walking to his car when he saw Miguel Goitia rummaging through it. Mr. Edwards struggled with Mr. Goitia, but the suspect was able to spring free by slipping out of his sweater, police said. Officer Edwards drew his gun, a Smith and Wesson nine-millimeter, and chased Mr. Goitia, who police said had five prior arrests, north to 125th St. and then east toward First Ave.

Spotted by Anti-Crime Unit

A 25th Precinct Anti-Crime team of two Police Officers and a Sergeant in plainclothes was driving east on 125th St. in an unmarked car when it saw Mr. Edwards chasing the suspect with a gun, police said. The team made an abrupt U-turn towards them. Officer Dunton exited the vehicle and identified himself, according to two cops and a civilian witness, and when Officer Edwards turned toward him still holding his gun, fired his nine-millimeter Glock six times at Officer Edwards. Mr. Edwards, a twoyear veteran of the department, was shot in the arm and in the chest.

The fatal shooting of a black cop by a white colleague led the NYPD to hire a psychologist to study whether race plays a role in a police officer's split-second decision to shoot, and how that response can be regulated through training.

According to a statement from the Manhattan District Attorney's Office, the grand jury heard testimony from 20 witnesses and examined 68 documents worth of evidence.

NYPD to Do Internal Review

"With the grand jury decision today, the Police Department can proceed with its administrative review of the police-involved shooting in which Detective Omar Edwards was killed," NYPD spokesman Paul Browne said in a statement. "Prior to the grand jury action, the Police Department was constrained at the prosecutor's request from interviewing the shooting officer or otherwise proceeding with a department review." Mr. Browne added that the department was taking other measures in reaction to the incident, including working with fraternal minority law enforcement groups.

"A survey of undercover officers has been undertaken," he said. "While the department has just begun to analyze the survey data, most undercover officers report having been involved in some type of confrontation incident, with the majority reporting that they were involved in two separate incidents. In addition, these officers have identified some training elements that should be reinforced, including the importance of using cover and, particularly for rookie officers, a better awareness of the role of undercover operations within law enforcement."

A spokesman for the Patrolman's Benevolent Association, which represented both cops involved, declined to comment on the grand jury's decision.