Miller Place shooting could lead to lawsuit
Attorney for victim said he plans to file suit against shooter
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A lawyer for the Central Islip man shot by an off-duty city cop outside a Miller Place pub last week said Tuesday he expects to file a lawsuit this week against the New York City Police Department and the officer.
Atiba Watkins, 23, remains in critical but stable condition at Stony Brook University Hospital following the Nov. 19 shooting in the parking lot of Napper Tandy's Pub. Mr. Watkins was hit in the torso during a 1 a.m. altercation by a shot fired from the officer's service weapon, according to Suffolk Police.
The officer has not been identified and has not been charged in the incident.
James Misiano, a Melville attorney representing Mr. Watkins, said his client was shot in the back and lost a kidney as a result of the shooting.
Police said Mr. Watkins and the cop were on opposing sides of a dispute involving two groups of men leaving Napper Tandy's, a popular Irish bar located in the North Country Plaza shopping center on Route 25A. Witnesses told police that Mr. Watkins had brandished a knife at the time he was shot, police said. A knife was recovered from the parking lot, police said.
"We are investigating the entire incident," Det. Sgt. James Madden said. "We are attempting to interview any and everyone who was at the bar who has information."
The incident itself is being looked into by the county police's Sixth Squad to see whether the shooting should be categorized as a crime, police said. NYPD officials are investigating the officer's actions to determine if he acted inappropriately during the incident, police said.
Mr. Watkins was taken to the hospital by Miller Place Fire Department ambulance.
Kyle Markott, public information officer for Miller Place Fire Department, said he rode in the ambulance with Mr. Watkins.
"We got there and worked on the gentleman who was shot and were able to stabilize him at the scene," he said.
Mr. Misiano said the shooting occurred after his client's cousin 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 them from the bar, Mr. Misiano said.
Mr. Misiano said the fight later continued in the parking lot with several other people, including Mr. Watkins, joining in on both sides.
Mr. Misiano said that although he has not been able to speak with his client, who is sedated, his cousin and another man he was with claim he did not have a knife and that he was shot after the fight had ended.
"That is certainly, in my opinion, not self-defense," Mr. Misiano said. "That is attempted murder. You shoot someone in the back, you intend to kill them."
Police said the Suffolk County District Attorney's Office has been contacted about the shooting incident and the investigation is ongoing.
Napper Tandy's manager, Declan Wallace, said he was on the premises at the time of the altercation, but that he did not witness it.
"We run a clean establishment," Mr. Wallace said. "We run a lot of sports [games]. The main concern is how [the incident] is going to affect business."
peggy@northshoresun.com
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