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REPORT UND£R

P.G. 212-29

POLICE DEPARTMENT

CITY OF NEW YORK

November 25,2006

From:

To:

Shooting Team Leader, Patrol Borough Queens South Chief of Department

Subject:

FIREARMS DISCHARGE BY ON-DUTY DETECTIVES PAUL

THE DEATH OF ONE MALE, A SERIOUS INJURY TO A SECOND MALE, AND A NON-LIFE THREATENING INJURY TO A THIRD MALE, WITHIN THE CONFINES OF THE 103

PRECINCT.

1.

HEADLEY, SHIELD #1252, TAX #919163, MICHAEL OLIVER, SHIELD #7710, TAX #906975, MARC COOPER, SHIELD #2554, TAX #910316, U>C. #3137, AND POLICE OFFICER MICHAEL CAREY, SHIELD #29886, TAX #929831, OCCB, RESULTING IN

OPENING

On Saturday, November 25, 2006, at approximately 0400 hours, on duty Detectives Paul Headley, shield #1252, tax #919163, Detective Michael Oliver, shield #7710, tax #906975, Detective Marc Cooper, shield #2554, la* #910316, Police Officer Michael Carey, shield #29886, tax #929831, and Undercover #3137 discharged their authorized firearms approximately fifty (50) iimes within the confines of the 103 sustained by two (2) males. One (1) MOS was treated and released for minor injuries.

Circumstances are as follows:

2.

Precinct, resulting in the expiration of one (1) male and non-life threatening injuries

INVESTIGATED BY

P. Scirica, P.B.Q.S. Counter Terrorism.

3.

Name

The above incident was investigated by Captain Scott Olexa, the Patrol Borough Queens South Shooting Team Leader, under the supervision of Inspector Gary

PERSONS INVOLVED

A.

MOS SUBJECT

Paul Headley

Rank

Shield Tax # Command

919163 910316 906975 N/A 929S31 OCCB OCCB OCCB OCCB OCCB

Tour

Marc Cooper Michael Oliver

Undercover

Michael Carey

Det 1252 Det 2554 Det. 7710 N/A 3137 PO 29886

Assignment

2127x0600 2127x0600

2127x0600

2127x0600

2127x0600

Club Club Club Club Club

Initiative

Initiative

Initiative Initiative Initiative

Name

B.

GaryNapoli

Lt

MOS WITNESS Rank Shield Taxfl Command

N/A 882745 OCCB

Tour

Assignment

Michael Wheeler Donald Kipp Undercover Undercover

Robert Maloney

Rasheda Edness

Sgt Sgt N/A N/A

PO

PO

4741903250 103 1024 004278 103 3900 N/A OCCB 1534 N/A OCCB

20583 930640 103

2125x0600 2305x0802

2100x0557

Club Initiative P/S

Spike Supv

1449 924810 OCCB

2127x0600 2127x0600

2127x0600

Club Initiative Club Initiative

Club Initiative

Sector C

Derek Braithwaite PO Stephen Muhlenbruck PO Richard Thomas PO James Bauman PO David Yu PO Warren Savage PO

C.

19509 31867 16702 5997 7836 4761

897064 925793 919776 926553 918503 929132

103 103 103 103 103 103

2315x0750

2315x0750

Sector C

2315x0750 2315x0750 1730x0205

1730x0205

Sgt. Op

A/C

Cond Cond

Sector H

2315x0750

Name Address Apt# Phone # Pedigree NYSID#'s Trent Benefield 125-30 Sutphin Blvd 5105 718-9250279M/B/23 207378M, 3857117M

Date of Arrest

CIVILIAN SUBJECTS

11/08/04 08/19/02

Name

Arrest # Q04651183 Q02037466

' Charge 221.10 160.15

Offense

CPM5 Robbery 1 (Firearm)

Pedigree NYSID#

Address

Sean Bell

126-12 140 St

Arrest #

Apt# Phone # P/H N/A

Charge

M/B/23

9465759P

Date of Arrest 11/07/06 04/05/06

09/10/00

QO8880617 Q06619096 Q00049991

221.10 220.39 265.03

Offense CPM5

CSCS3

CPW 2 (Firearm)

Pedigree NYSIDff M/H/31 7263825Y

Name

Address

Joseph Guzman

Apt* Phone#

141 Beach 56 St

912

N/A

Date of Arrest Arrestj 11/12/02 M02084952 11/05/02 Q02051488 04/09/01 Q0108714

05/19/00

Charge

220.44

Offense

CSCS

160,10

221.10

Robbery 2 (Firearm)

CPM5

09/15/99 12/22/95

06/13/95

Q00029I19 Q99047632 Q95057332

Q95027924

220.50

221.10

160.10

CP Drug Paraphernalia

CPM5

160.15

Robbery 1 (Firearm)

Robbery 2

03/18/93

10/08/92

Q93009071

Q92032768

220.39 120.00

CSCS 3 Assault

regards to this incident, two (2) of which were eye-witnesses. The eye-witness interviews

are recorded in paragraph #11 and their pedigree is on file at the offices of the Patrol

D. CIVILIAN WITNESSES There were a total of thirty-three (33) civilian witnesses interviewed in

Unit.

Borough Queens South Investigations Unit. The thirty-one (31) ear-witnesses statements and pedigree are on file at the offices of the Patrol Borough Queens South Investigations

4. NARRATIVE

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nuisance abatement.

unit's office in the 7 Precinct with the following members of the unit: Detective Paul Headley, Detective Marc Cooper, Detective Michael Oliver, and Detective Rasheda Edness, Police Officer Michael Carey, and Undercover Detectives #'s 3137, 3900, and 1534. During this meeting, Lieutenant Napoli discussed various enforcement issues, including an attempt to conduct a prostitution operation at the Kalua Cabaret, located at 143-08 94 Avenue. On the previous Tuesday November 14, 2006, the unit effected two (2) arrests at Club Kalua for prostitution and narcotics related offenses. Lieutenant Napoli sought to effect additional arrests at the Club in order to submit the location for

At approximately 0045 hours, the above members of the OCCB Club

Lieutenant Napoli, assigned to the OCCB Club Initiative conducted a TAC meeting in the

On Saturday, November 25, 2006, at approximately 2330 hours,

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Initiative arrived in the vicinity of the Kalua Cabaret. Lieutenant Napoli, along with Detectives Headley and Cooper, assigned to rental auto #1941, a gray Toyota Camry, positioned themselves in the Port Authority Air Train parking lot across from the Kalua Cabaret. Lieutenant Napoli stated that he had a clear view of the front entrance of the

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rental auto #9653, a green Mitsubishi, positioned their vehicle on south west corner of

the Prisoner van in rental auto #8033, a green Ford Frecstar, and positioned the vehicle in

Kalua Cabaret. Detective Edness, along with U.C. #'s 3137, 3900, and 1534, assigned to

95* Avenue and Allendale Street. Detective Oliver and Officer Carey were assigned as

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their vehicle and entered the Kalua Cabaret (a topless club). U.C. #3137 was assigned as

operation at the club, the team knew that doormen/bouncers selectively searched individuals entering the club. As a result, none of the Detectives entering the club were armed with weapons, nor did they possess their shields. The undercover's objective was to engage female dancers in conversation for the purpose of arranging sex for payment. Subsequently, Detective Cooper entered the location to act as a secondary ghost for the operation. During the course of the evening, U.C, #'s 3137 and 3900 had conversations with various female dancers, but were unable to establish probable cause for a prostitution arrest. Approximately every 30 minutes, U.C. #3900 contacted Lieutenant

the vicinity of 95lh Ave. At approximately 0100 hours, U.C. #Ts 3137 and 3900 exited

the primary Undercover and U.C. #3900 was assigned as the "ghost" Based on previous

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Napoli via cell phone, informing him of the progress of the operation. During the course

indicated that there were numerous minor disputes amongst the patrons and the dancers.

of the evening, the U.C.'s observed approximately forty (40) patrons inside the club and

stated that he no longer had visual contact with U.C. #3137 and Detective Cooper. In the belief that U.C. #3137 and Detective Cooper had exited the location, U.C. #3900 exited

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At approximately 0330 hours, U.C #3900, while still inside the club,

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the club and observed U.C. #3137 standing on the sidewalk directly in front of the

wearing the white baseball hat.

armed, and remained in the vicinity of the club entrance. U.C. #3900 was inside the location for approximately fifteen (15) minutes, but was unable to locate the aimed male

U.C. #3137 stated that he informed the Lieutenant that an individual inside the club may be armed with a firearm. Lieutenant Napoli relayed this information to the field teams via a Department radio on a TAC frequency. In addition, U.C. #3137 advised U.C #3900, that he retrieved his shield and firearm from the U.C. vehicle. Moreover, Detective Cooper had returned to his assigned vehicle, which was occupied by Lieutenant Napoli and Detective Hcadley, and retrieved his (Detective Cooper's) firearm and shield. Detective Cooper remained in the assigned vehicle with Lieutenant Napoli and Detective Headley. At this point, U.C. #3900 re-entered the Kalua Cabaret in an attempt to locate the armed individual. U.C. #3137 did not re-enter the Kalua Cabaret because he was

the male make a gesture towards his waistband, indicating that he possessed a weapon. U.C. #3900 asked U.C. #3137 if he had informed Lieutenant Napoli of this information.

location. U.C #3137 informed U.C. #3900 that he had overheard * male patron inside the club, described as a M/B with a white baseball cap with a White Sox insignia, tell a dancer that if she has any problems he would take care of her. U.C. #3137 then observed

Upon exiting the club, U.C. #3900 observed U.C. #3137 and a group of approximately eight (8) males in front of the club. This group of males was involved in a verbal dispute with an unidentified M/B wearing all black clothing. The unidentified male black was standing next to a black SUV with shiny rims, parked directly in front of

Bell, was engaged in the verbal argument with the unidentified M/B standing near the SUV. During the argument, the unidentified male standing near the SUV placed his right hand inside of his jacket pocket, simulating that he had a weapon. Another male in the group, later positively identified by U.C. #3900 as Joseph Guzman, made the statement Yo> get my gun, get my gun. Mr. Bell was also overheard by U.C #3900 stating to his friends "let's fuck him up" referring to the unidentified M/B standing near the SUV. U.C. #3900 stated that U.C. #3137 was standing within several feet of the males when the above statements were made. The dispute between the males remained verbal and Mr. Guzman, Mr. Bell, and approximately six (6) other males left the location walking E/B

the Kalua Cabaret facing E/B- One of the males in the group, later identified as Sean

on 94tb Avenue towards Liverpool Street. The original group of eight (8) split into two

smaller groups of approximately four (4), and both groups walked east towards Liverpool

Street. The group that included Mr. Guzman and Mr. Bell, hesitated and walked back

towards the unidentified male black near the SUV, exchanged additional words, and then

continued to walk east towards Liverpool Street.

At this point, U.C. #3900 initiated a cell phone call to Lieutenant Napoli and handed the cell phone to U.C #3137. U.C. #3900 remained in the vicinity of the front entrance of the club and engaged an unidentified female in conversation. U.C. #3137 remained in phone contact with Lieutenant Napoli, and followed the second group

of males walking towards Liverpool Street. While conversing with Lieutenant Napoli,

believed that something was going to happen. U.C #3137 stated to Lieutenant Napoli

U.C. #3137 informed the Lieutenant of the group's location and indicated that he

that it was "getting hot on Liverpool, for real, I think there's a gun,11 Lieutenant Napoli informed the field team of the location of the group via TAC radio, and instructed the team to move in to stop the group. The group of males turned right onto Liveipool Street (S/B), and at least three (3) of the males, including Mr. Guzman, Mr. Bell, and a male later identified as Trent Bcnefield, entered a 1999 gray Nissan Altima four-door sedan,

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vehicle, Lieutenant Napoli's vehicle entered Liverpool Street traveling S/R Lieutenant Napoli observed U.C. #3137 on the wesi side of Liverpool Street, across the street from the subject vehicle. U.C. #3137 gestured to the Lieutenant that the subjects were on the

Benefield was in the rear passenger seat. While the subject males were entering the

driver of the vehicle; Mr. Guzman was seated in the front passenger seat, and Mr.

N.Y. plate #CVG8783. The gray Nissan Altima was facing northbound on the east side of Liverpool Street, approximately sixty (60) feet from 94lh Avenue. Mr. Bell was the

passenger seat, and Detective Cooper was seated in the rear directly behind Lieutenant

after observing the subject vehicle, suddenly stopped his vehicle, parallel with the subject vehicle, slightly south of the subject vehicle. Lieutenant Napoli was in the front Napoli. At this point, the subject vehicle (gray Nissan Altima) accelerated forward in a

opposite side of the street. Detective Headlcy (the operator of the Lieutenant's vehicle),

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rounds). U.C. #3137 discharged his weapon a total of eleven (11) times. Detectives Headley and Cooper exited their vehicle and discharged their weapons a total of five (5) times (Detective Headley fired one (1) round and Detective Cooper fired four (4) rounds), It should be noted that the previous discharges have been estimated based upon each member's magazines being folly loaded, with an additional round chambered each firearm as per Department policy. Mr. Bell suffered one (1) bullet wound to the right side of his neck, and one (1) bullet wound to his right forearm resulting in his demise. Mr, Benefield exited the rear drivers side door of the subject vehicle and fled on foot

wound to the left front lower leg, and one (1) bullet wound to his right upper rear thigh. Mr. Benefield was removed by EMS to Mary Immaculate Hospital and was listed in

times (Detective Oliver fired thirty one (31) rounds and Officer Carey fired three (3)

striking an object, and then accelerated forward again striking the P-Van, Although the exact sequence remains undetermined, it should be noted that during Detective Edness' P.G. 206-13 hearing, Detective Edness stated that U.C. #3137 informed her that his legs were injured as a result of being struck by the subject vehicle. Detective Oliver and Officer Carey exited the P-van and discharged their weapons a total of thirty four (34)

N/B direction, colliding with the P-van, rental auto #8033, which had just made a right turn onto Liverpool Street and was traveling S/B. The subject vehicle then backed up,

95l Avenue. Mr. Benefield had one (1) bullet wound to his right buttocks, one (1) bullet

S/B on Liverpool Street, and fell to the ground on the N/W comer of Liverpool Street and

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stable condition. Mr Guzman suffered six (6) bullet wounds to his torso area, one bullet wound to his right shoulder area, two (2) bullet wounds to his right buttocks, three (3) bullet wounds to his right front upper thigh, three (3) bullet wounds to his left lower leg/ankle, and one (1) bullet wound to the right side of his face. Mr. Guzman was removed by EMS to Mary Immaculate Hospital and was listed in critical, but stable

condition. Lieutenant Napoli, Detectives Headley, Cooper, Oliver, U.C.'s #3137, 3900, and Officer Carey were all removed via RMP and treated and released at North Shore

Hospital for various minor injuries.

5. DETECTIVES

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under 103 PDS case #2664.

assisted in this investigation. Detective Shapiro was assigned to investigate this incident

Captain Renna, Lieutenant Salerno, Sergeant Kelin, and Detectives Shapiro, Johnson, Disk, and Rodriguez, 103 Precinct Detective Squad, responded and

P.B.O.S. INVESTIGATIONS UNIT Lieutenants Manson, Tarpey, and Randazzo, Sergeants Childs, Contino, Langmaack, Gaudiosi, Stack, Campbell, Mrakovcic, Mosiurchak, Hanley, and Vincent, Patrol Borough Queens South Investigations Unit, responded and assisted in the investigation.

7respond.

6.

DISTRICT ATTORNEY

Queens County Assistant District Attorney Fraser was notified and did

MOS SUBJECT STATEMENTS Detectives Headley, Cooper, and Oliver, Police Officer Carey, and U.C # 3137, were not interviewed on the request of the Queens County District Attorney's Office.

9. MOS WITNESS STATEMENTS

8.

The following MOS were interviewed under the provisions of Patrol Guide 206-13, all interviews were recorded and are on file at the Patrol Borough Queens

South Investigations Unit.

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in the confines of the 103 Precinct. "Kalua Cabaret" is a club known to the team as a

nuisance location the OCCB "Problem List". The Team has conducted one (1) past

Controlled Substance.

approximately 2315 hours he conducted a tactical meeting at the Seventh (7*) Precinct with the Club Enforcement Team. During the meeting, Lieutenant Napoli infonned the members of the Club Enforcement Team of the team's anticipated activities. Members of the team were advised that among the activities for the tour, one of the anticipated club enforcements would be conducted at "Kalua Cabaret*', a club located at 143-08 94 Ave,

Lieutenant Gary Napoli, tax #882745, was interviewed regarding this incident Lieutenant Napoli stated that on November 25,2006, he was performing a 2125 x 0600 tour of duty assigned to the OCCB Club Enforcement Division, in Rental Auto 1941, a Tan Camry, with Detectives Headley and Cooper. Lieutenant Napoli stated that at

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operation at the location, resulting in arrests for Prostitution and Criminal Possession of a

enforcement operations. After at least one unsuccessful enforcement attempt at a separate

After the tactical meeting the team responded to Queens to conduct club

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substance activities. Lieutenant Napoli utilized department radio, personal cell phones, and department cell phones to communicate with the members of his team. At approximately 0100 hours the team set up its operation, and after the units were in place, Lieutenant Napoli set up his Observation Post in the Port Authority Air Train lot on the side of 143 St. across from Kalua Cabaret. This location allowed Lieutenant Napoli to maintain a good line of sight to the front of the club. After the team was set up, Lieutenant Napoli contacted the field teams to give them updates utilizing department #3900, and two (2) ghosts, #3137 and Detective Cooper, during the operation by utilizing cell phones. Initially, U.C- #3900 entered the location, followed shortly thereafter by U.C. #3137. Detective Cooper entered the location separately, approximately one <1)

location, Lieutenant Napoli directed the team to respond to "Kalua Cabaret" to conduct an undercover operation to address the club's suspected prostitution and controlled

radio. Lieutenant Napoli maintained contact with the undercover investigator, U.C.

how after U.C. #3900 and UC. #3137 had entered. Detective Cooper, U.C. #3900, and

conditions inside the club.

U.C- #3137 would step outside the club to call Lieutenant Napoli and update him about

A number of cell phone calls were made to Lieutenant Napoli during the operation, although he is unable to recall the exact number and from whom they were

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received. Lieutenant Napoli does recall at least one (1) call from U.C, #3900 stating that

team members inside the club, Lieutenant NapoH was advised of the possibility that there was a person with a gun inside the club. Lieutenant Napoli does not remember who the call with the information of a possible gun came from. Lieutenant Napoli relayed the information about the possibility of a gun to his field team and advised them to use necessary caution. Lieutenant Napoli stated that the team remained on scene conducting its operation as patrons began to leave the club. Another call was received from one of

there was the possibility of illegal activity inside of the club. During one of the calls from

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the inside team members, although Lieutenant Napoli is unsure which team member A vague description of a male black wearing a White Sox cap was also given to Lieutenant Napoli. Again, Lieutenant Napoli updated the field teams with the additional

information.

called, the caller stated that a group was somehow involved with the possession of a gun.

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Lieutenant NapoH had a cell phone conversation with Detective Cooper, who had left the dub to retrieve his bullet resistant vest and firearm. Lieutenant Napoli directed Detective Cooper to a location where he (Lieutenant Napoli) would pick him up. U.C. #3137 also left the club to retrieve his bullet resistant vest and firearm. U.C. #3137 remained on the street to conduct further observations for the team. Detective Cooper retrieved his firearm and entered into the back seat of Lieutenant Napoli's vehicle. U.C.

Liverpool, for real. I think there's a gun ".

NapoH received an additional phone call from U.C. #3137 stating that "It's getting hot on

#3900 remained in the club, attempting to conduct further observations. Lieutenant

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Lieutenant Napoli directed the field team to respond to U.C. 3)37?s location. As his vehicle was approaching the dub, Lieutenant Napoli observed U.C. #3900 walking away from the club with a female. As Lieutenant Napoli's vehicle turned right (south) onto Liverpool Street from 94 Ave, Lieutenant Napoli made eye contact with U.C #3137, who was standing on the sidewalk on the west side of Liverpool Street.

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was attempting to get into the front or back seat. Lieutenant Napoli is also unsure whether

Altima. Lieutenant Napoli does not recall if U.C. #3137 had his weapon drawn or shield displayed at the time. Lieutenant Napoli believes that he may have observed a male attempting to get into the passenger side of the Altima, although he is unsure if the male

Lieutenant Napoli observed U.C. #3137 make a head gesture towards a Gray Nissan

or not the male actually got into the car. Lieutenant Napoli's vehicle pulled parallel to the

driver's side of the Nissan Altima, slightly south of the subject vehicle on Liverpool Street. As Lieutenant Napoli's car pulled alongside the Nissan Altima, the Lieutenant

stated that he made eye contact with one of the males inside the vehicle. At this time, Lieutenant Napoli's belief was that the male with whom he had made eye contact with knew that he (Lt. Napoli) was a Police Officer. Lieutenant Napoli could not My verbalize why he felt this way. Lieutenant Napoli then observed the Altima abruptly accelerate in an apparent attempt to leave the area. Lieutenant Napoli stated that he believed that the gray Altima had collided with a civilian auto, but later learned that the Altima had actually collided with the prisoner van. After hearing the sounds of the collision, Lieutenant Napoli stated that he heard shots being fired. Lieutenant Napoli

vehicle, and he ordered them to show their hands. One (1) male did as ordered, putting his hands out of a window. Lieutenant Napoli is unsure of which window the male placed his hands out of, or which male was placing his hands out of the window. Lieutenant

Napoli stated that this was due to one male being on lop of the other male, and it was difficult for him to distinguish one person from the other. Lieutenant Napoli former stated

attempted to seek cover in his rental auto until the shots ended. Lieutenant Napoli then exited through the passenger side door of his vehicle onto the street, taking cover behind the rear passenger side of his vehicle. Lieutenant Napoli staled that at the time, he thought that the occupants of the Altima were firing shots at him and his team. After the shooting ended, Lieutenant Napoli slowly stood up, and tactically approached the Nissan Altima. As he moved up to the Altima, Lieutenant Napoli observed two (2) males in the

believed that his vehicle and personnel were being fired upon. Lieutenant Napoli

that 103 Precinct personnel began arriving and assisted in controlling the scene. After the scene was sufficiently secured, and other supervisory personnel were on the scene, Lieutenant Napoli went down Liverpool Street to where Detective Headley was securing a male that had been shot The male was handcuffed and ambulances were requested utilizing both department radios and cell phones. Lieutenant Napoli then assembled his team and checked to sec if any members were injured.

Sergeant Wheeler was interviewed regarding this incident. Sgt. Wheeler

pointed down the block, and Sgt. Wheeler observed three (3) to four (4) males standing over another male who was lying on the ground. Sgt. Wheeler walked towards the group

via his department radio. Sgt. Wheeler attempted to open the driver side door of the suspect vehicle, but was unable to so, then Sgt. Wheeler directed Police Officer Maloney to front handcuff the male with his hands outside the window(Iater identified as Joseph Guzman). Sgt. Wheeler then asked Detective Cooper if he was an MOS, to which Detective Cooper responded that he was. Detective Cooper informed Sgt. Wheeler that he was part of a club enforcement team, and when asked if he had fired any rounds, Detective Cooper stated that he did, but did not know how many he had actually fired. When Sgt. Wheeler asked Detective Cooper the location of his team, Detective Cooper

Sergeant stated that he responded to radio run of shots fired at 94lh Avenue and Liverpool Street While enroute to the location, Sgt. Wheeler was informed by the Communications Division that numerous calls of shots fired were being reported, and that a signal 10-13 was also being called over citywide radio. Upon arriving at the scene on Liverpool Street between 94 and 95 Avenues, Sgt. Wheeler observed what appeared to be a plain clothed MOS (M/B wearing a dark colored vest or jacket), who he later learned was Detective Cooper, on the west side of Liverpool Street pointing his firearm at a vehicle in the middle of the street. The vehicle appeared to have crashed into another vehicle, and smoke was emerging from the radiator. The vehicle being covered by plain clothes MOS had two (2) male black occupants. The male in the driver seat was slumped back into his seat and the male in the passenger seat was lying across the driver's lap with his arms hanging outside of the driver's side window. Sergeant Wheeler believed that both males appeared seriously injured and likely to die. At this point, Sgt. Wheeler ordered Detective Cooper to holster his firearm, and the Sergeant requested the response of an ambulance

operator, Police Officer Muhlenbmck in RMP #2447. At approximately 0415 hours the

stated that he was assigned in uniform as the 103rd Pet. Patrol Supervisor with his

of males and then assisted a plain clothed MOS in handcuffing the male on the ground, said male later identified as Trent Benefield. Sgt Wheeler then questioned asked U.Q

ground.

discharged any rounds. Sgt. Wheeler then instructed Police Officer Savage to escort Trent Benefield in the ambulance to Mary Immaculate Hospital. Sgt. Wheeler also directed Police Officers Maloney and Braithwaite to escort a male, Jater identified as Sean Bell, to Jamaica Medical Center. Sgt. Wheeler also stated that he observed a black holster on the

Oliver if he had discharged his weapon, the detective replied that he was unsure if he had

#3137 and Detective Headley if they had fired any rounds, both responded that they had, but were unsure of how many they had discharged. Sgt. Wheeler also asked Detective

overtime tour assigned as the Spike Sergeant. Sergeant Kipp stated that he was in the

Sergeant Donald Kipp was interviewed regarding this investigation Sergeant Kipp stated that on November 24, 2006, he was performing a 2100x0557

103 Precinct stationhousc at approximately 0410 hours when he heard a radio

transmission of 10-10 shots fired ai 94Ul Avenue and Liverpool Street. Sergeant Kipp further stated that he heard another transmission by the radio dispatcher of numerous calls of shots fired, the 10-10 was then upgraded to 10-13. Sergeant Kipp stated that he drove himself to the scene and parked his RMP at 94lh Avenue, just east of Liverpool Street Sergeant Kipp stated that when he arrived at the location, he observed an ambulance parked at the intersection of 94th Ave and Liverpool Street, he also observed EMS loading a person into the body of the ambulance. Sergeant Kipp stated that he did not notice if there were handcuffs on that person because there was a sheet ver the male Sergeant Kipp stated that he heard no statements made by the person, and was unaware who had escorted the injured person to the hospital. Sergeant Kipp stated that there were numerous police vehicles parked on the scene which were blocking the ambulance's exit, so he directed several officers to move their respective vehicles. Sergeant Kipp stated that he was then directed by Captain Eriksen, the Queens South Duty Captain, to locate and inspect the weapons of the members of the service that were involved in the shooting Sergeant Kipp stated that he inspected Detective Paul Headley's weapon and found it to contain fourteen (14) rounds in the magazine and one (1) in the chamber. Sergeant Kipp also stated that the only statement Detective Headley made was that he was unsure if he fired his weapon. Sergeant Kipp inspected Detective Mark Cooper's weapon and found it to contain eleven (11) rounds in the magazine and one (1) round in the chamber Sergeant Kipp stated that Detective Cooper made no statements. Sergeant Kipp inspected undercover #3137's weapon and found no magazine in the weapon and no round in the chamber. Sergeant Kipp stated that Undercover #3137 made no statements Sergeant Kipp also inspected Detective Michael Oliver's weapon and found that there were no rounds in the chamber and that Detective Oliver's two magazines were empty.

,Ui^C0Ver m90° wa$ imerviewed regarding this incident. On November

OCCB Club

Ian meeting

that the main objective for the tour was to visit various locations that have had prior narcotics and prostitution violations. U.C. #3900 stated that it was determined thai the

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"w* "*""w*"" "Miwuvv ivaiu. »_/.^. #3900 stated

-e*?aZ 4 * *es*)Ond t0 was the KaIua sP°rts Bar located at 143-08 94th

_. ^hc ent.r^ team arrived at the Kalua Sports Bar between

entered the Ka.ua Sports Bar alone to observe the patrons, and to c£uS me^of

was assigned as the ghost for U C #3117 Tl r jnonn

Detective Cooper entered, U.C. 3900 approached them briefly, then continued to interact

with the female dancers.

anyone, and that it was clear to enter. U.C. # 3900 stated that when U.C #3137 and

tfSwSTiT J?,n #3137 and stated that the team *»Wg Pn°rbe recognizedU.C. T0*"* ^ P««» ««** would not operations. by #3900 telephoned U.C.

male was described as a male black, approximately six (6) feet tall, wearing a white colored Chicago White Sox baseball cap. U.C. #3900 then re-entered the bar alone in an attempt to locate and identify the male with the White Sox hat. U.C. #3900 stated that U.C #3137 had retrieved his firearm and was unable to re-enter the bar armed. U.C. #3900 remained in the bar for approximately 15-20 minutes; however, U.C. 3900 did not observe the male that was wearing the White Sox baseball cap. U.C. #3900 proceeded to exit the club and observed a black sport utility vehicle with spinning metallic rims (possibly a Lincoln Navigator) parked directly in front of the bar. U.C. #3900 observed a male black standing near the rear passenger door of the SUV (later determined to be the driver of the SUV), approximately 5 feet 6 inches tall, wearing all black. U.C. #3900 also observed another group of approximately eight (8) to ten (10) males standing outside of the bar. U.C. #3900 stated that there was also a female talking with two (2) other males, and several members of the larger group were arguing over who was going to take the female with them. U.C. #3900 overheard the female telling the males that *Tm not going to do all of you." U.C. #3900 stated that one of the males (later identified by U.C. 3900 as Joseph Guzman) in the larger group stated to his friends "y°> get my gun". This male was described as a tall male black, approximately 6 feet 2 inches tall, light skinned complexion, wearing a beige shirt and a black vest. U.C. #3900 stated that another male black (later identified by U.C. 3900 as Sean Bell) was wearing a brown leather jacket with a fur collar, started arguing with the male standing next to the black SUV. The male next to the SUV kept his right hand in his pocket while he gestured with his left hand leading U.C. 3900 to believe that this male was armed. U.C. # 3900 stated that Sean Bell' stated to his friends "let's fuck him up". At this time U.C. #3900 observed U.C. #3137; however, U.C. #3900 stated he was unaware of Detective Cooper's location. U.C. #3900 stated that a within a few minutes Joseph Guzman, Sean Bell and approximately six (6) other males departed the scene in two (2) groups. Both groups proceeded castbound on 94*h Avenue towards Liverpool Street and turned right at the corner. U.C. #3900 stated that he observed a female wearing a blue top exit the club, U C #3900 began to chat with the female as they both walked eastbound on 94th Avenue

and were probably outside of the establishment U.C. #3900 then went outside and had a conversation with U.C. #3137. U.C. #3900 stated that U.C. #3137 had overheard a male in the bar talking to a female, while he (the unknown male) gestured towards his waist in a manner that led UC. #3137 to believe that he was armed. U.C. #3900 stated that this

#3900 stated that while inside of the bar, several verbal disputes were observed leading to some of the patrons being thrown out. Neither U.C, #3900 nor the other undercovers were involved in any of the disputes. U.C. #3900 stated that while inside the bar, U C #3900 did consume two (2) bottles of Heineken beer and was not sure of what amount or type of dnnks that the other undercovers ordered. U.C. #3900 stated that at approximately 0330 hours, U.C. 3900 noticed that Detective Cooper and U.C, #3137 were not in the bar

Cooper. U.C. # 3900 was not wearing a recording devices during this operation U C

U.C. #3900 was attempting to obtain a price to perform sexual acts from a female dancer, and continued to maintain visual contact with U.C. #3137 and Detective

towards Liverpool Street. U.C. #3900 stated that the male black attired in all black,

10

conversation with the female in an attempt to illicit a prostitution arrest, but upon hearing numerous shots, U.C. #3900 ran westbound on 94* Avenue and sought cover behind a

lieutenant's vehicle followed by the P-van also traveled eastbound on 94th Avenue approximately 15 seconds after the black SUV had departed. U.C. #3900 remained in

entered the black SUV and drove off eastbound on 04th Avenue, and made a right turn to travel southbound on Liverpool Street. U.C. #3900 stated that shortly thereafter, the

with any members of the service. U.C. #3900 was transported to North Shore University Hospital along with Lieutenant Napoli, U.C #1534, and U.C #3137. U.C. #3900 was treated for a headache and released shortly thereafter.

U.C. #1534 was interviewed regarding this incident. U.C. #1534 stated

dumpster. U.C. #3900 immediately telephoned U.C. #1534, and told U.C. #1534 to request backup over division radio. U.C. #3900 then telephoned 911 to report the incident and remained on the line with the operator until uniformed members of the service began arriving on the scene. Additionally, U.C. #3900 stated that Joseph Guzman was in fact inside of the Kalua Cabaret earlier, and was one of the patrons that were talking loudly and acting disorderly. U.C. #3900 did not have any conversation regarding the incident

that she was working a 2127x0600 tour of duty and assigned to the Club Enforcement Initiative. On Friday November 24, 2006, at 2300 hours U.CJ1534 was present at a

at the conclusion of the tactical meeting, U.CJ1534 stated that she left with U.C. #'s 3137, 3900, and Detective Edness in a Mitsubishi Gallant to Kalua Cabaret. U,C.#I534 stated that she arrived at the club approximately forty five (45) minutes later. U.C #1534

tactical meeting inside the 7th Precinct station house. Approximately thirty minutes later,

to wait at the location for further instructions. U.C, #1534 stated that approximately three (3) hours later, U.C. #3137 returned to the parked auto to retrieve his firearm and shield from the glove compartment, and U.C. #3137 also stated that there were suspicious persons in the club. U.C, #1534 was later advised by the Lieutenant over portable radio, that person(s) in the club wearing black clothing were possibly armed with a firearm. U.C, #1534 did not recall any additional descriptions or information being transmitted over the radio. U.C. #1534 heard gunshots in the immediate area, which U,C. #1534 described as occurring in three (3) rapid successions. U.C. #1534 then received a phone call from U.C. #3900, staring that shots were fired at the location and requesting

stated that U.C. #3137 and U.C .#3900 exited the vehicle to enter the club while U.C.#1534 remained in the parked vehicle at the comer of Liverpool Street and 95th Avenue with Detective Edness, who then sat in the driver seat. U.C #1534 was instructed

assistance, U.C, #1534 changed the frequency on her radio from *Tac" to division radio. U.C. #1534 then heard central communications transmitting a 10-10 shots fired assignment. U.C. #1534 then transmitted a signal 10-13, Police Officer needs assistance, at the Kalua Cabaret. U.CJ 1534 responded to the location by traveling eastbound on

the Kalua Cabaret. U.C. #1534 observed approximately ten (10) people running from the vicinity of the club. U.C. #1534 then made a left turn onto 143ri Street (S/B) and then

951 Avenue to Sutphin Boulevard, making a left onto Sutphin Blvd. traveling northbound, and then making a left turn onto 94th Avenue traveling westbound, passing

made ajeft turn onto 95th Avenue (E/B). U.C. #1534 exited her auto at Liverpool Street

and 95 Avenue, and walked north on Liverpool Street towards a two (2) vehicle accident on Liverpool Street between 94lh and 95lh Avenues. Both vehicles that had collided were facing in a northbound direction. U.C. #1534 observed Detective Headley present at the location standing over an unknown male black lying on the floor in the

11.

vl^t involved xn <?Mrved ^ with neither males making any movements. At this , i3-4 the accident, maJe blacks sittinS in to frTMt ^t of one of the vehicles

present at the location. U.C. #1534 did not observe any firearms displayed or hear any

time several unformed Officers, including Emergency Services Unit Officers, were

Sergeant instructed her to leave the location and to return to her vehicle U C #1534 has never been inside of the Katua Cabaret, but has in the past performed undercover

operations m the vicinity of the Kalua Cabaret. U.C. #1534 remained at the location until

instructed to leave by her Lieutenant.

nrTi'^AI advised adM T reCa11 any membere that her tean) Splaying their and the /!5? uniform Sergeant present of she was an undercover shields. U.C. #1534

additional statements from any members of the service or civilians regarding this

make any statements. Detective Edness stated that she observed that one of the vehicles involved in the accident, a Nissan Altima, and that this vehicle was occupied with two (2) male blacks. The driver of the vehicle was slumped over and the other individual was

location, heard discussion among the members of the team that there was a shooting at the location, that the driver of the Altima tried to strike U.C. #3137 with the vehicle and

conscious and moving. Detective Edness observed other members of her team at the

was unsure of street names and directions but stated that she responded to 95th Avenue and Liverpool Street, and parked her vehicle directly behind a vehicle accident involving two (2) vehicles. Detective Edness stated that she exited the vehicle and observed one (1) male black lying on the sidewalk on his stomach. This male was rear handcuffed and was being secured by Detective Headley. Detective Headley and the handcuffed male did not

drove on 95l Avenue to Sutphin Boulevard, where she made a left turn. Detective Edness

males with firearms inside the club. A short time later U.C. #3137 returned to the vehicle to retrieve his firearm and shield from the glove compartment U.C. #3137 stated that there was a dispute in the club, and that individuals involved may have firearms. U.C. #3137 did not provide any description or any additional information and returned to the club. Detective Edness stated that U.C. #3137 did not possess a bullet resistance vest. Detective Edness stated that approximately thirty-five (35) minutes later she heard approximately eight (8) shots fired with no pause. Detective Edness left the location and

Detective Rasheda Edness, tax #924810, shield #1449, was interviewed regarding this investigation. Detective Edness stated that she was working a 2127X0600 tour of duty assigned to the Club Enforcement Unit. Detective Edness stated that she attended a tactical meeting at 2300 hours at the 7th Precinct, during the meeting the detective was informed that the team would be conducting undercover operations at Kalua Cabaret. Detective Edness stated she left a short time later with U.C. #1534, U.C. U 3900 and U.C. #3137 in a Mitsubishi Gallant driving to the Kalua Cabaret. Detective Edness stated that one of the male undercover officers drove the vehicle and parked on 95 Avenue and Allendale Street U.C.'s #3900 and # 3137 exited the vehicle to enter the Kalua Cabaret, and Detective Edness entered the driver seat and stayed at the location with U.C. #1534. Detective Edncss stated that she heard a radio transmission from the Lieutenant instructing the field team to move closer to Club Kalua and that there were

that a person in the Altima had a gun. Detective Edncss stated that she did not recall which member of her team made any of these statements. Detective Edness did remain at the location and stated that U.C. #3137 did complain of leg pain as a result of being

struck by the Nissan Altima.

wrth Police Officer Maloney, assigned to 1031" Precinct sector CDE. At 0415 hours

· .· . ^Jj06 Officer Derek Bra'thwaite was interviewed regarding this ,nvesbeat.on Officer Braitbwaite stated that he was working a 2315x0750 four of duj

U&tEZTo1*T *S%£6d by communicati^ to a signal 10-10 shots fired at

statements made by any members of the service regarding this incident.

Jamaica Hospital in his radio car and stayed with the aided until relieved. Officer Braithwaite stated that he did not hear any statements made by the aided, nor did he hear

that he observed one (1) male black sitting in the driver side front seat extending his hands outward Officer Braithwaite helped establish crowd control at the location and directed responding units. Officer Braithwaite stated that he followed the ambulance to

S7 T ^? h* r^"ested « ambulance to the location. Officer Braithwaitc stated

143 Street and 95m Ave. Officer Braithwaite stated that as he was responding to the tocation he was flagged down at the intersection of Liverpool Street and 95'" Avenue by a member of the service m plain clothes, whom the ofiicer described as a male black displaying a shield around his neck. Officer Braithwaite stated that he observed a vehicle

him that they were shooting at us". Officer Maloney stated that he observed a vehicle

the other in the passenger front seat. Officer Maloney stated that he approached the vehicle, removed and handcuffed the driver. Officer Maloney described the driver as a

intersection of 94 Avenue and Liverpool Street by a plain clothed member of the service, desenbed as a male black, approximately thirty years of age, with a shield displayed around his neck. Officer Maloney stated that the plain clothed officer stated to

Pol.ee Officer Braithwaite assigned as 103"1 Precinct Sector CDE. Officer Maloney stated thai he was responding to a 10-10 shots fired call and that he was flagged down at the

investigation. Officer Maloney stated that he was working a 2315x0750 tour of duty with

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J*?!'06 offic« Robert Maloney was interviewed regarding this

parked at the location with two (2) occupants, one (1) sitting in the driver's front seat and

male black with blood on his hands. Officer Maloney then established crowd control at the location. Officer MaloDey stated that he escorted the ambulance to Jamaica Hospital and stayed with the aided until relieved. Officer Maloney stated that he did not hear any

statements from the aided.

/w

Zf^ * abIoodJ£d lhi*001 seat P85*^ of *e vehicle had his hands extended

assigned to the" 103 Precinct anti-crime team, attired in plain clothes, and assigned to unmarked RMP #910 with Police Officer Scott Griczewicz. Officer Thomas stated that at approximately 0400 hours he responded with Officer Griczewicz to multiple radio runs of shots fired at 94 Avenue and Liverpool Street. Officer Thomas stated that when he arrived to the southwest comer of 94*1 Avenue and Liverpool Street, he observed three (3) vehicles parked m the middle of the street with an unknown number of plain clothed officers present. Officer Thomas approached one (1) of the vehicles with his firearm drawn and observed two (2) males inside the auto. Both occupants of the vehicle were

Officer Thomas stated that on November 25, 2006, he was working a 2315x0750 tour

^.

PoUce Officer Tbmm was interviewed regarding this investigation

5£? IT"""1:?8 ^P** *" Patrons Of the patronsSvotecrowd b«8»n to Officer Officer Thomas Greeted his attention towards "» Kalua for Bar control depart.

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towards the door Officer Thomas then observed a male laying on the sidewalk with

ioffiTM^^ neVeT Obseived «* foe^s flayed by police, nor did he hear any Officers or civilians make any statements,

of the driver. Officer Muhlenbruck observed both males apparently bleeding from gunshot wounds. After EMS arrived, Officer Muhlenbruck assisted EMS with placing the passenger of the vehicle on a stretcher and into an ambulance where Officer

and instructed all of the plain clothed officers to holster their firearms. Sergeant Wheeler then ordered an unidentified plain clothed officer to handcuff both males inside the auto Officer Muhlenbruck observed two (2) males in the front seat, with the passenger on top

when he and the Sergeant arrived at the scene they were the second marked RMP to arrive, and that he observed what appeared to be a vehicle accident and several plain clothed officers with their shields displayed surrounding a vehicle with their firearms drawn. Officer Muhlenbruck further stated that Sergeant Wheeler approached the vehicle

Sergeant Wheeler responded to a radio run of a 10-85 that was immediately upgraded to a 10-13 on Liverpool Street between 94 to 95 Avenues. Officer Muhlenbruck stated that

^7%" V m PreCinCt PatF01 S^so''s <**» * hours bothutilizing «**». he and #2447. Officer Muhlenbruck stated that at approximately 0400

1; °ffice[ Muhl^bTM* stated that on November 25, 2006, he wa^ working a

Police Officer Steven Muhlenbruck was interviewed regarding this

removed to Mary Immaculate Hospital and was escorted by the 103rd Precinct Conditions Auto. Officer Muhlenbruck further stated that he heard no statements made by any Police

Officers or civilians at the scene.

Muhlenbruck then obtained the passengers pedigree information. The passenger was then

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statements made by the aided enroute to or at the hospital. Officer Savage stated that he did not hear any statements made by any civilians or members of the service regarding

this incident.

stated that he did not have any conversation with the aided, nor did he hear any

Police Officer Warren Savage was interviewed regarding this investigation. Officer Savage stated that on November 25, 2006, he was working a 2315x0750 tour of duty, with his partner Police Officer Ostrowski, in uniform assigned to 103 Precinci sector HIJ in RMP 1965 as the recorder. Officer Savage stated that at approximately 0415 hours, both he and Officer Ostrowski responded to a radio run of shots fired that was immediately upgraded to a 10-13 on 95 Avenue and Liverpool Street. Officer Savage stated that when he and his partner arrived at the location, he observed one male black lying on the ground bleeding from the back of his legs with one handcuff applied. Officer Savage stated that he observed a plain clothed male black officer with no weapon drawn standing next to the injured male black on the ground. When EMS arrived, Officer Savage and Officer Ostrowski assisted in placing the aided on a stretcher and into the ambulance located at 94 Avenue and Liverpool Street where he obtained the aided's name, Trent Benefield. At the direction of Sergeant Wheeler, Officer Savage escorted EMS and Trent Benefield in the body of the ambulance to the hospital. Officer Savage

Police Officer David Yu was interviewed regarding this investigation. Officer Yu stated that on November 25, 2006, he was working a 1730x0205 tour as the 103 Precinct Conditions Auto, with Officer Bauinan, in uniform, utilizing RMP #1743. Officer Yu was performing Quality of Life overtime when at approximately 0400 hours, he responded to a radio run of a 10-85 that was immediately upgraded to a 10-13 at the

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surrounding one private gray auto. Officer Yu observed Port Authority Police Officers

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intersection of 95* Avenue and 143'd Street. Officer Yu stated that when he arrived «. at

Avenue and Liverpool Street, he observe three (3) department unmarked autos

hospital until he was relieved.

Officer Yu immediately began to secure the crime scene with tape to prevent civilians from entering. Officer Yu had no contact with anyone involved. A short time later Officer Yu followed in his RMP while his partner, Officer Baumann, escorted the unidentified male passenger of the gray vehicle inside the body of the ambulance. Officer Yu stated that he did not hear any statements made by the male during the escort, nor did he hear statements by anyone involved while at the hospital. Officer Yu remained at the

along with plain clothed officers at the scene, none of whom had their firearms displayed.

PO James Bauman was interviewed regarding this investigation. Officer Baumann stated that on November 24, 2006, he was working a 1730x0205 tour of duty,

Yu responded to a radio run of shots fired at 95 Avenue and Liverpool Street. Officer Bauman stated that when he and Officer Yu arrived at the scene at approximately 0420 hours, he observed numerous uniformed 103 Precinct Officers and Port Authority Police Officers present. Officer Bauman stated that he observed what appeared to be a two car vehicle accident between a gray car and a minivan. Officer Bauman stated that he also observed two male blacks in the gray car, both of whom were bleeding, and one male down the street lying on the ground. Officer Bauman stated that Officer Yu was down the block, establishing crowd control, with what appeared to be a large group of people. Officer Bauman stated that he escorted one aided, the passenger of the gray car, to Mary Immaculate Hospital via ambulance. Officer Bauman stated that he had no conversation with the aided and heard no statements from the aided during the escort or at the hospital. Officer Bauman further stated that he did not hear any statements made by any civilians

or members of the service regarding this incident.

RMP 5997. Officer Bauman stated that at approximately 0415 hours, both he and Officer

with Officer Yu, assigned as the recorder in uniform in the 103 Precinct Conditions Auto'

10.

CIVILIAN SUBJECTS - INTERVIEWS

Trent Benefield was interviewed by DeL Bellizzo, I.A.B. Group #9, regarding this incident. The interview was electronically recorded and was filed under Maxell Tape #06-314. A copy of the tape will remain on file at the Office of the Patrol

gentleman's club named "Kalua" after celebrating his friend's pending nuptials. The friend was later identified as Sean Bell (D.O.B. 5/18/83). Mr. Benefield then stated that he, Mr. Bell, and another friend, Joseph Guzman, were standing outside of the club next to their vehicle when they observed a van drive past them. Mr. Benefield stated that he got into the back seat of the vehicle while Mr. Guzman sat in the front passenger's seat, and Mr. Bell sat in the driver's seat. Mr. Benefield stated that as Mr. Bell proceeded to drive away, he observed a male Black with a gun whom he had not seen before, stand in front of their vehicle and fire his weapon. Mr Benefield stated that Mr. Guzman was hit by one of the rounds as he sat in the front passenger seat. Mr. Benefield stated that in an

attempt to get away from the man with the gun, who was still positioned in front of their

Borough Queens South Investigations Unit. Mr. Benefield stated that he was leaving a

vehicle, Mr. Bell repeatedly drove the vehicle in forward and in reverse colliding with vehicles in the immediate vicinity. Mr. Benefield further stated that he was shot in his left

15

nine (9) shots being fired. Mr. Benefield also stated that after he ran a couple of steps, he must have been shot in his right leg because he "dropped" and could no longer run. Mr. Benefield further stated that when he fell to the ground two (2) police officers directed him to put his head down and handcuffed him. Mr. Benefield stated that he is unaware of

and his friends did not have any disputes with anyone at the club. Furthermore, Mr. Benefield had bruising to his face and stated that he must have sustained the injury when

H. CIVILIAN WITNESS - INTERVIEWS

leg while inside of the vehicle, and fled the vehicle from the driver's side in an attempt to prevent being shot further. Mr. Benefield stated that he heard approximately ej£ht (8) to

any reason why someone would shoot at him, and his friends. Mr. Benefield stated that he

he fell and hit his head.

Cabaret as a dancer. As the club was closing, witness #1 went outside the dub to meet a person witness #1 knows as "KB", who she had met in the dub. Witness #1 walked to her car which was parked on Liverpool Street. Witness #1 saw "KB" getting into another car, "KB" saw her and said hello to her. "KB" got into the back seat of the passenger side of the car. As she was putting her bag in the trunk of her car, witness #1 heard what she believes was a car accelerating. Witness #1 saw about five (5) people standing in the area of the car. As the car "KB" got into pulled out and was crossing to the other side of the

street, a minivan came down the opposite side of the street The cars collided and then separated as the car "KB" was in rolled back. The driver of the minivan got out of his vehicle and fired shots towards the vehicle that "KB" was in. Witness #1 then ran from

Witness # 1 was interviewed and stated that she is employed at Kalua

the scene towards the club and behind some bushes. After the shooting stopped witness #1 ran to Kalua Cabaret and witnessed no further activity.

at a second male (approximately 3 feet apart) and said "I will kill you". Witness #2 did not observe the male fire the weapon and did not hear any more shots fired. Witness #2 then proceeded to her bedroom and woke up her family. Witness #2 stated that approximately five (5) minutes later she went back to the window and observed one (1) male standing and one (1) male lying on the ground. Witness #2 was unsure if these two (2) males were the same individuals she had observed minutes earlier.

was unable to describe the males but stated that one of the males was pointing a handgun

Witness #2 was interviewed regarding this incident. The interview was electronically recorded and is on file at the Patrol Borough Queens South Investigations Unit Witness #2 stated that she was asleep on her couch when she was awoken at 3 a.m. by the sound of two (2) males and one (1) female arguing on the comer of 95 Avenue and Liverpool Street. Approximately one (1) hour later witness #2 then heard ten (10) to twelve (12) gunshots outside of her residence. Witness #2 stated that she then went to a side window that was open and observed two (2) males on Liverpool Street. Witness #2

12.

PERPETRATOR HISTORY

N/A

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13.

MOS DESCRIPTION

A* P.O. Carey was not in uniform.

Undercover #3137 was not in uniform. Detective Headley was not in uniform. Detective Cooper was not in uniform. Detective Oliver was not in unifoim.

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B.

P.O. Carey was wearing his bullet resistant vest.

Undercover #3137 was not wearing his bullet resistant vest. Detective Headley was wearing his bullet resistant vest. Detective Cooper was wearing his bullet resistant vest. Detective Oliver was wearing his bullet resistant vest.

C.

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P.O. Carey is a M/W, 6' 1" tall, 200 lbs. Undercover # 3137Ts description is known to this department.

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D.

Detective Cooper is a M/B7 5*10", 220 lbs. Detective Oliver is a M/W, 6*0", 185 lbs.

1. PjajSareyjs last tour of duty was 2127x0600 on November 25, 2006, and his next scheduled tour is 2127x0600 on Tuesday, November 28,20062. Undercover #3137's last tour of duty was 2127x0600 on November 25,2006, and his next scheduled tour is 2127x0600

Detective Headley is a M/H, 6*3", 250 lbs.

on Sunday, November 26,2006. 3. Detective Headlcv's last tour of duty wag ? mvfwin TM

November 25,2006, and his next scheduled tour is 2127x0600

4. Detective Cooper's last tour of duty was 2127x0600 on

on Saturday, November 26,2006.

November 25,2006, and his next scheduled tour is 2127x0600

on Tuesday, November 26,2006.

5. Detective Oliver's last tour of duty was 2127x0600 on November 25, 2006, and his next scheduled tour is 2127x 0600 on Tuesday,

November 26, 2006.

H.

MOS FIREARM INFORMATION

Sergeant Fisher, 105 Precinct Patrol Supervisor. P.O. Carey was not carrying a second firearm. Undercover # 3137's fireaim was checked at the scene by Sergeant Kipp, 103 B.A.T. Supervisor. Undercover # 3137 was not carrying a second firearm. Detective Headley's firearm was checked at the scene by Sergeant Kipp, 103 Spike Supervisor Detective Headley was not carrying a second weapon. Detective Cooper's weapon was checked at the scene by Sergeant Kipp, 103 B.A.T. Supervisor. Detective Cooper was not

carrying a second firearm. Detective Oliver's firearm was checked at the scene by

weapon.

A.

P.O. Carey's firearm was checked at North Shore Hospital by

Sergeant Kipp, 103 B.A.T. Supervisor. Detective Oliver was not carrying a second

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Detective Headley's weapon is a Smith & Wesson, Model 5946, serial # VLM5563.

U646385. Undercover # 3137's weapon h a Glock, Model 26, serial #DMU796US.

B.

P.O. Carey's weapon is a Sig Sauer, Mode) # P226, serial #

Detective Cooper's weapon is a Glock, Model # 19, serial # APX952US. Detective Oliver's weapon is a Sig Sauery Model # P226, serial # U501272.

C. P.O. Carey's weapon was found to contain twelve (12) authorized rounds in the magazine and one (1) authorized round in the chamber. Undercover # 3137's weapon was found to contain zero (0) rounds in the magazine and zero (0) rounds

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in the chamber. Detective Headley's firearm was found to contain fourteen (14) authorized rounds in the magazine and one (1) authorized round in the chamber.

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Detective Cooper's weapon was found to have eleven (U) authorized rounds in the

magazine and one (1) authorized round in the chamber- Detective Oliver's weapon was

chamber,

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found to contain zero (0) rounds in both magazines and zero (0) rounds of in the

listed on Undercover # 3137's, Detective Headley's, Cooper's, and Oliver's Force

D, Captain Maida, Firearms Tactics Section, verified the weapons

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Record Card. Sergeant Gaudiosi, Patrol Borough Queens South Investigations Unit,

verified that the weapon is listed on Officer's Carey Force Record Card.

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holster. Undercover #3137 was carrying his weapon in a department approved holster.

E.

P.O. Carey was carrying his weapon In a department approved

Cooper was carrying his weapon in a department approved holster. Detective Oliver was carrying his weapon in a department approved holster.

15. MOS HISTORICAL DATA

Detective Headley was carrying his weapon in a department approved holster. Detective

Recognition Award. Undercover #3137 received one (I) Meritorious Police Duty Department Recognition Award. Detective Headley has not received any department recognition awards. Detective Cooper has not received any department recognition awards. Detective Oliver has not received any department recognition awards, B. Disciplinary records were not available at this time and will be

included in a follow up report.

A.

P.O. Carey received one (1) Meritorious Police Duty Department

C.

PX>. Carey had no prior firearm discharges. Undercover # 3137 had no prior firearm discharges. Detective Headley had no prior firearm discharges. Detective Cooper had no prior firearm discharges. Detective Oliver had no prior firearm discharges. P.O. Carey last attended the range on 03/21/06, Undercover # 3137 last attended the range on 10/04/06. Detective Headley last attended the range on 01/12/06. Detective Cooper last attended the range on 03/30/06.

Detective Oliver last attended the range on 04/05/06.

D.

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E.

P.O. Carey's date of appointment is July 1,2002. Undercover # 3137's date of appointment is known to this Dept. Detective HeadleyTs date of appointment is April 15,1997. Detective Cooper's date of appointment is July 5,1989. Detective Oliver's date of appointment is February 28,1994.

A. Detective's Rivera, Mauhicci, Guilford, Bello and Police Officer Anzalone ftom the Crime Scene Unit responded to the location and prepared a sketch of

the scene.

16.

CRIME SCENE UNIT

B.

The following ballistic evidence was recovered from the scene: \. 41-discharged 9mm Luger Speer +P shell casings

2.14-deformed bullets 3.1 -copper j acketed fragment 4.1-deformed bullet recovered from Air Train Terminal 5,1-black holster "DeSantis Gunhide"

C.

6.1-empty black 10-shotmagazine "Glock" Run number #'s 06-1324,1324A, 1324B, 1324C, and 1324D

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Detective Elia conducted a search of the scene with ballistic evidence recovered.

EMERGENCY SERVICES UNIT A. Emergency Service Truck A9 responded. Detective Shanley and

18.

BALLISTICS

A.

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Cooper's, and Oliver's firearms were secured by members of the Queens South Investigations Unit and will be delivered to the Ballistics Unit on Monday, November 27,

B-

Officer Lowneyofthe Ballistics Unit was notified.

Officer Carey's firearm, Undercover # 3137, Detective Headley's,

2006.

19,

TRAUMA UNIT

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Oliver were advised of the availability of the Trauma Unit as per P.G. 205-08.

20. BOROUGH ASSIGNMENT

Officer Carey, Undercover # 3137, Detective's Headley, Cooper, and

Officer Carey, Undercover #3137, Detective*s Headley, Cooper, and Oliver were all assigned to thdr respective boroughs for their next three (3) tours.

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COMMUNITY AFFAIRS

102 Precinct, surveyed the area and acted as a liaison with the Community during this

investigation.

Sergeants Selscy, Community Affairs Bureau, and Sergeant Schroeder,

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22.

REPORTS PREPARED

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A.

B.

Invoice #'s

103 Precinct Complaint report #'s

2006-103-10545,46,47

N402438 (Clothing)

N402439 (Clothing)

N402440 (Ballistics) N402441 (Clothing)

N402442 (Ballistics) N402443 (Ballistics) N402444 (Ballistics)

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N402446 (Jewelry)

N402447 (USC)

N402445(Glassine Envelopes)

N402448 (Decedent's Prop)

N402449 (DNA) N402450 (Serology)

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N402453 (Personal Prop) N402454 (Black Gloves) N402455 (USC) B140588V (Auto)

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D.

C.

103 Accident Report #

103 Precinct Aided Reports

B140589V (Auto)

2151*2152,2153

Unavailable

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23.

MEDICAL INFORMATION

P.O. Carey was treated and released at North Shore Hospital by Dr.

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Menendez for lacerations to his left hand, pain to the left leg, and tinnitus.

Detective

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hypertension. Undercover #3137 was treated and released at Jamaica Medical Center by

Physician's Assistant Roztuczynska for contusions to his right shin.

Sean Bell was pronounced DOA at Jamaica Medical Center by Doctor Huston at 0456 hours.

Trent Benefield was admitted the Mary Immaculate Hospital in stable

Cooper was treated and later admitted at North Shore Hospital by Dr. Lyandres for

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condition. He is being treated by Doctor Joseph for gunshot wounds to the buttocks and

both legs.

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stable condition. He is being treated by Doctor Blackman for multiple gunshot wounds to

the right jaw, right chest, right back, right thigh, left lower leg, and right buttock .

24. RADIO RUN

Joseph Guzman was admitted to Mary Immaculate Hospital in critical but

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Communication tapes were obtained and reviewed for the division involved in the incident. A printout of the radio run is attached. The following sprint numbers were reviewed: S02448, S03519, S02448, and S02415.

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MISCELLANEOUS INFORMATION A SPIA inquiry was conducted for both 94 Avenue and Liverpool Street and 143-08 94 Avenue (Kalua Cabaret). The inquiry revealed a tota) of nineteen (19) radio runs, sixteen (16) of which were related to the Kalua Cabaret Of the sixteen (16)

radio runs, three (3) were firearms related. In addition, a review of department records revealed that the 103 Precinct conducted eighteen (18) enforcement operations for the period November 24, 2004 to present, resulting in one search warrant and four arrests for CPCS (see Appendix A). In addition, the Organized Crime Control Bureau conducted three (3) enforcement operations on the following dates: 3/14/05, 3/28/05, and 11/22/06,

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resulting in one search warrant and eight (8) arrests for prostitution and CSCS (see

Appendix A).

The 103 Precinct Detective Squad was given consent to search the premises of the Kalua Cabaret by the management A video tape from an interior camera

was recovered and had not been reviewed at the time of this report. Port Authority Terminal Manager Hilda Perez informed the undersigned that all Air Train cameras face the interior of the Air Train Terminal, and that there we no exterior cameras. However, Port Authority Police Officers John Cea, shield #2522, and Brian Donnelly, shield #2525, were struck by glass that shattered when a bullet penetrated the glass panel on the south side of the JFK Air Train Terminal. Both officers were treated and released at Mary Immaculate Hospital as a precautionary measure. Both officers declined to provide statements to Patrol Borough Queens South Investigations Unit personnel An electronic video recording of the bullet entering the terminal was obtained and reviewed, and is on file at the offices of the Patrol Borough Queens South

Investigations Unit. -

Based upon the post discharge firearm inspections, it appears that Detectives Headley, Cooper, and Oliver, U.C. #3137, and Police Officer Carey

discharged a total of fifty (50) rounds. The rounds discharged breaks down as follows:

Detective Headley - One (1) round. Detective Cooper - Four (4) rounds Detective Oliver - Thirty-one (31) rounds

U.C #3137

P.O. Carey

26. PRESENT

- Eleven (11) rounds

- Three (3) rounds

Commissioner Kelly Chief Esposito Assistant Chief Dale Deputy Chief Seymour Deputy Chief Paragallo Deputy Chief Conroy . Deputy Chief Bonano Inspector Morley Inspector Scirica Inspector O'Brien Inspector Pearson Inspector Madden Inspector Ward Inspector Sino

Police Commissioner Chief of Department C.OT, P.B.Q.S. X.O., P.B.Q.S. X.O., Manhattan South Vice Enforcement Division Community Affairs Bureau P.B.Q.S. Adjutant P.B.Q.S. Counter Terrorism P.B.Q.S. Administrator P.B.Q.S. Special Projects P.B.Q.S. Operations Commander O.C.C.B. Investigation X.O., Narcotics Bureau

Appendix A

KALUA SPORTS BAR LOCATED AT 143-08 94 AVENUE

103 PRECINCT DATE TYPE OF INSPECTION

2004

RESULTS

7/24/04

J 2/19/04

MARCH OPERATION

MARCH OPERATION

2005

8 "C" SUMMONS ISSUED

5 "C" SUMMONS ISSUED

2/19/05

SLA

SUMMONS ISSUED UNDERAGE SALE

***2/J9/05 0330 HOURS SHOOTING IN FRONT OF LOCATION

4/09/05

5/21/05

7/08/05

PRECINCT LEVEL INSPECTION

PRECINCT LEVEL INSPECTION

DRINKING <& PROSTITUTION

2006

2 *C SUMMONS ISSUED

2 «C SUMMONS ISSUED

RE-OPENED NUSIANCE ABATEMENT FOR UNDERAGE

2/15/06 3/14/06 3/16/06 3/24/06

PRECINCT LEVEL INSPECTION CI BUY W/BORO FIST UNIT

4 T SUMMONS ISSUED

CI BUY W/BORO FIST UNIT JOINT SEARCH WARRANT OPERATION W/QNS VICE

4 ARRESTS FOR CPCS

HEALTH CODE

SUMMONS ISSUED FOR

VIOLATIONS

3/31/06

MARCH OPERATION

SUMMONS ISSUED FOR HEALTH CODE VIOLATIONS

NVO

6/16/06

PRECINCT LEVEL INSPECTION

r/r A (continued)

DATE

TVPR OF INSPECTION

2006

RESULTS

6/19/06

SLA

SUMMONS ISSUED

UNDERAGE SALE

7/3/06

PRECINCT LEVEL INSPECTION

SUMMONS ISSUED FOR UNLICENSED SECURITY

NVO

8/18/06

SLA

QNS VICE ENFORCEMENT

TYPE OF COMPLAINT RESULTS

3/15/05

3/28/05

PROSTITUTION

PROSTITUTION

TWO (2) ARRESTS

SEARCH WARRANT

EXECUTED RESULTING

IN FOUR (4) ARRESTS

11 /22/06

PROSTITUTION

TWO (2) ARRESTS

Information

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