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.
"He's critical," Mr. Misiano said. "When you get an infection and you're in the hospital, that's not good."
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.
Mr. Blackmon and his police union attorney could not be located for comment.
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