Gregory Delpeche, a bystander who was hit in the head by NYPD cops shooting at an unhinged knife-wielding man on a subway platform, is suing the city for $80 million. The court documents filed state that Delpeche is still suffering from cognitive deficits and has difficulty speaking after the “friendly fire” shooting on September 15 in Brooklyn that also left another bystander and a cop wounded. Delpeche claims that the police officers acted recklessly, negligently, and without justification when they fired at Derrell Mickles, who was wielding an eight-inch knife.
According to police and bodycam footage, Mickles was repeatedly told to drop the weapon but still lunged at the officers with the knife, leading to the shooting. Delpeche’s filing alleges that one of the officers, Alex Wong, held his gun in one hand causing it to flail and recoil wildly when he opened fire. Edmund Mays is also accused of firing his weapon in the direction of Mickles and bystanders on the subway platform. Delpeche himself was hit in the back of the head during the incident and is still in the hospital receiving around-the-clock care.
The filing claiming an intent to sue argues that since 2021, the city has encouraged NYPD officers to use the highest and most aggressive levels of force with reckless disregard for public safety. However, police officials have defended the officers’ actions by stating that Mickles was the one who escalated the situation by threatening the cops. NYPD Chief of Patrol John Chell emphasized that the situation was fast-moving, involving mental distress, a person armed with a deadly weapon, an oncoming train, and a crowded platform.
The police report indicates that officers first encountered Mickles when he tried to jump the turnstile and brandished a knife before being persuaded to leave. When he returned and was confronted again, Mickles allegedly attacked the officers, leading to the shooting. Mickles is facing charges of aggravated assault on a police officer with a deadly weapon, assault with intent causing serious injury with a knife, and other related offenses. Despite the charges, Mickles has pleaded not guilty to the accusations against him in connection with the incident.
The lawsuit filed by Delpeche highlights the ongoing debate surrounding the use of force by law enforcement officers in complex and volatile situations. While the police argue that they were acting to protect themselves and others on the platform, Delpeche’s attorney asserts that the officers were reckless and negligent in their actions. The legal battle between Delpeche and the city of New York underscores the importance of accountability and transparency in law enforcement interactions, especially when they result in harm to innocent bystanders like Delpeche.
As the legal proceedings unfold, questions regarding police training, de-escalation tactics, and the appropriate use of force in high-pressure situations will continue to be debated. The outcome of this case could set a precedent for future incidents involving police officers using deadly force in response to individuals in mental distress or wielding weapons. Ultimately, the lawsuit brought by Delpeche against the city serves as a reminder of the need for law enforcement agencies to prioritize the safety and well-being of all individuals, including bystanders caught in the crossfire of police confrontations.
