Shooting victim still fighting for his life
Attorney says he will seek $10 million in damages from city
12 comments below
Atiba Watkins, 23, was shot with the officer's service weapon in the parking lot outside Napper Tandy's in Miller Place Nov. 19, following an altercation. Suffolk Police said witnesses told them that the officer, who was not identified, shot Mr. Watkins after he displayed a knife.
James Misiano, the Melville attorney representing Mr. Watkins, said his client, who works with developmentally disabled adults for a state agency, has not been in trouble with the law before. As a result of the shooting, a slug pierced the middle of his client's back near his spine and damaged one of his kidneys, which had to be removed, Mr. Misiano said. Another surgery was required to help stabilize Mr. Watkins' liver, which is also damaged, Mr. Misiano said. Mr. Watkins also has a pulmonary infection and has been intubated in order to breathe. Mr. Watkins has been pulled out of his coma periodically, but remains in critical condition at Stony Brook University Medical Center, Mr. Misiano said.
Jerrell Thompson displays bloody scrapes on his face and shoulder, injuries he said occurred during an altercation that ended with his cousin being shot by an off-duty New York City police officer.
Mr. Misiano said he has prepared a notice claim seeking $10 million in compensation that will likely be served on the City of New York and the New York Police Department shortly. According to the notice of claim, which was provided to The North Shore Sun, Mr. Watkins claims serious and severe personal injuries were sustained due to the excessive and/or negligent use of force by the officer, Darius Blackmon, who was "acting in the capacity of a police officer during the shooting." The notice of claim further states that the shooting occurred as a result of negligent training and supervision, and that the city was negligent in the hiring of Mr. Blackmon, 23, of Middle Island. The claim further states that the city is "following a pattern and practice of allowing police officers who are off-duty to carry firearms and encouraging off-duty police officers to carry their issued firearms at all times, even when drinking alcohol."
Mr. Misiano said he has two options to pursue a lawsuit; either the state level or federal level on the basis that the shooting violated Mr. Watkins' civil rights.
Det. Sgt. James Madden, whose team at the Sixth Precinct in Selden is overseeing the case, said Wednesday that the investigation is still active. However, he pointed out that his detectives are only charged with determining if a crime was committed during the shooting. The NYPD is conducting its own internal investigation to determine whether or not the officer was fit for duty at the time he drew his weapon. Detectives have been unable to interview either party to the incident.
"Both have attorneys and we have been advised by both attorneys that anything pertaining to their client is to go through them," Det. Sgt. Madden said.
Mr. Misiano, who has been conducting his own investigation into the incident, maintains that the shooting occurred after his client's cousin, Jerrell Thompson, was involved in an altercation with the officer on the dance floor inside the pub. The two men then fought near the front door before bouncers ejected the police officer from the bar, Mr. Misiano said. Mr. Thompson, Mr. Watkins and a friend, Jovany Huddleston, waited inside the bar at the request of the bouncers, who didn't want both sides in the parking lot together. But the officer waited for the three men to exit the pub and approached them to engage in a fight, Mr. Misiano said. During the melee, Mr. Thompson was injured, sustaining abrasions to his face, cheek and shoulder. Mr. Misiano refuted any witness claims that Mr. Watkins had a knife during the altercation. Another witness, Mr. Misiano explained, said a different off-duty cop came forward and identified himself as the shooter. It was not until other witnesses identified Mr. Blackmon as the shooter that he stepped forward and claimed to be the one who fired the shot, Mr. Misiano said.
But Det. Sgt. Madden disputed this claim.
"There was no indication in this investigation that he was trying to hide his identity," Det. Sgt. Madden said.
In the meantime, Mr. Misiano said his client's family remains by his side at the hospital.
"They feel that it was an injustice and they feel that Darius Blackmon should be under arrest and charged," Mr. Misiano said. "And they are very much concerned that even though they are two different jurisdictions, the police are investigating the police and we know the history of that.
"They are not sure the Suffolk County Police can be unbiased."
peggy@northshoresun.com
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12 comments found
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: 3/16/2010
I also work for the state and was in the same training class as Atiba, He was a very laid back person, and didnt bother no one! shame on that cop!
facts : 3/12/2010
Well well ....first of all...I know atiba and we have the same job and I just wanted to let u people know ...you can not work for the state of new york with a crimal backround...facts...shot in the back? Ummm off duty cop? Club dark seen knife?ummmm...bar = drinking? Ummmmhummm enough said!
: 12/21/2009
The guy who was shot didnt have a knife it was his cousin. It started because of his cousin. Get the facts straight. You act like this kid was just beat up or something he was shot in the back. If it was you or someone that was close to you, you would have something completely different to say. You must be a heartless jerk not to have any empathy for this 23 year old kid and his family. If my son was shot in the back by a off duty cop that shows hostile behavior I would demand justice. That cop is only 22 and already had to use deadly force in a situation that was uncalled for. There are cops who retired and never shot a single bullet out on the field. I know a lot of cops. Personal friends.
and the point is?? : 12/12/2009
Dude pulls a knife, and gets shot, so what's the mystery here?
Live by the sword, die by the sword- not- live by the sword, then cry about getting cut.
Reply to WOW : 12/7/2009
No a 22 year old cop shoots a 23 year old in a bar fight. The cop was never given a breathalyzer to determine if he was drunk. The 22 year old cop waited outside when yes he could have driven away but didn't. The cop waited outside with his friends to fight. This could have all been prevented if the cop left after he was thrown out of the bar. It was 7 on 1. Atiba Watkins that was shot, was there with his cousin that was being beat up by the cop and his friend. He tried to defend his cousin. Its ignorant to say that this cop didn't do anything wrong when he shot someone in the back. To me two things could have lead to this 23 year old child being shot in the back. He was either running away or he was walking away. This police officer is wrong. You can not justify shooting someone in the back. Its funny that people act like this kid isn't in the hospital still. It happened in a bar and yes this child's life is messed up. He was shot. I understand what your saying because of that picture in this article but thats not the person that was shot. This person looks like he took a spill on his bmx bike no real injuries. Cops are head strong people to being with. This cop is very young and I can't believe that he was being attacked and then shot Atiba Watkins in the back.
WOW : 12/7/2009
So a group of men attack another man - who just happens to be a police officer, carrying his service pistol. When he identifies himself as a police officer on one cares, he then fires a shot, since his life was in jeopardy with 3 or 4 thugs with knives attacking him. This makes him a bad person?? Also how does this involve the NYPD? I will remember the next time someone injures me, I will get this same lawyer and say that the person violated my civil rights!!!!! WOW what has this country come to. Listen dude you chose to fight the wrong person and you got shot and you messed up your life - hahaha now move on
