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Prosecutor Filings Detail Fatal Stairwell Shooting by NYPD

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Men gather outside of the building where a man was allegedly shot by a police officer the night before at the Louis Pink Houses public housing complex, Friday, Nov. 21, 2014, in Brooklyn borough of New York.  A rookie police officer with his gun drawn shot to death 28-year-old Akai Gurley, an unarmed, innocent man in the darkened stairwell of the crime-ridden public housing complex, New York City police officials said Friday.  The shooting appeared to be an accident, Police Commissioner William Bratton said at a news conference.  (AP Photo/Julio Cortez)

Men gather outside of the building where a man was allegedly shot by a police officer the night before at the Louis Pink Houses public housing complex, Friday, Nov. 21, 2014, in Brooklyn borough of New York. A rookie police officer with his gun drawn shot to death 28-year-old Akai Gurley, an unarmed, innocent man in the darkened stairwell of the crime-ridden public housing complex. (AP Photo/Julio Cortez)

MICHAEL BALSAMO, Associated Press

NEW YORK (AP) — A rookie police officer was arguing with his partner over who should call their supervisor in the chaotic moments after he’d accidentally fired his gun into a darkened stairwell of a public housing complex, and he did nothing to help when he discovered later that he’d mortally wounded an unarmed man, the prosecution says in court papers.

Officer Peter Liang is charged with manslaughter in the Nov. 20 death of Akai Gurley in the Louis Pink Houses in Brooklyn. He has pleaded not guilty and his lawyer notes the shooting was an accident.

Prosecution motions released Tuesday gave these details:

Liang and his partner, Shaun Landau, were on patrol on the eighth floor of one of the buildings at about 11 p.m. when they walked into the stairwell.

Liang held his flashlight over his head and had his Glock pistol pointed directly in front of him when he started to walk down the stairs. His partner was still in the hallway when he heard a gunshot. At the same time, Gurley and his girlfriend, Melissa Butler, were on the landing of the staircase below. The bullet had bounced off a wall before striking Gurley. The couple managed to get down several flights of stairs before Gurley collapsed.

Liang ran out of the staircase and his partner, using an expletive, asked what happened.

“It went off by accident,” Liang said, then repeatedly exclaimed he would be fired.

The two stood in the hallway and argued for several minutes about who should call their supervisor to report gunshot and what phone should be used.

“You call,” Liang told his partner.

“No, you call,” Landau said.

But no one called. Instead, Landau went into the stairwell, searching the walls for bullet holes, but soon heard a “grunting noise” coming from the floors below. When he reached the fifth floor, he saw Gurley’s body and Butler kneeling over him, tears pouring down her face.

By then, Butler was on the phone with a 911 operator, who was trying to walk her through performing CPR as the officers stood nearby.

“Neither defendant nor Officer Landau provided any medical care to Mr. Gurley. Nor did they summon an ambulance,” prosecutors wrote in the court filing. Instead, the two of them walked around Gurley’s body to the landing on the fourth floor.

It was nearly 20 minutes after the shooting when the officers radioed to report “an accidental fire.”

Liang was later indicted on charges including manslaughter, criminally negligent homicide, official misconduct and assault. Prosecutors said he disregarded his training and should not have had his gun drawn nor his finger on the trigger.

Liang pleaded not guilty in February and is currently free without bail.

His attorney Stephen Worth, who had tried to get the court to dismiss the indictment, said Tuesday, “We wish the judge would have taken a more intensive look at the grand jury presentation. We believe it was not a fair presentation for officer Liang.”

The case was closely watched following the Dec. 3 grand jury decision not to indict a white police officer in the chokehold death of Eric Garner, an unarmed black man who was arrested on Staten Island. That decision — along with a grand jury’s refusal to charge a white officer in the Ferguson, Missouri, shooting of Michael Brown, an unarmed black 18-year-old — prompted mass protests decrying the grand jury system as biased. Liang, 27, is Asian; Gurley, 28, was black.

On Tuesday, New York took a step to give such cases special consideration by appointing the attorney general to investigate them, at least for a year. Brooklyn District Attorney Kenneth Thompson, who presented evidence to the grand jury against Liang, has opposed the idea.

Brooklyn Supreme Court Judge Danny Chun ruled that evidence presented to the grand jury was legally sufficient to support manslaughter charges against the officer. Liang is due back in court in September.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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