Lawyer for bystander hit in head by NYPD ‘friendly fire’ bullet wants cops to release bodycam footage
Lawyers for a Brooklyn straphanger who was hit in the head in a barrage of police “friendly fire” bullets is calling for the NYPD to release bodycam footage of the incident — and are considering suing the city.
Attorney Nicholas Liakas called the Sunday afternoon shooting at a Brownsville subway station an “unnecessary tragedy” that left bystander Gregory Delpeche, 49, fighting for his life — and said police now have to come clean on how it all went down.
“We are here today because the city of New York has failed to take responsibility for the actions of its officers,” Liakas said at a press conference Wednesday. “We are here to ask for a full investigation. We are here to ask that the NYPD and the interim commissioner release the body camera footage of those officers and allows the public the opportunity to see exactly what happened.
“We’re investigating a potential for a lawsuit,” he added. “It seems that the conduct certainly has risen to that level where accountability needs to be met here, and it may result in that at this point.”
Delpeche’s cousin, Greg Nougues, told The Post this week that the wounded man was in a separate subway car when two NYPD cops fired off nine rounds at a suspected fare beater — wounding Delpeche, another female bystander and one of the officers.
The alleged turnstile jumper, Derrell Mickles, was also hit and wounded in the barrage.
Nougues said Wednesday that his cousin, who has yet to regain consciousness, was headed to his job at a city hospital work when he was shot.
“He’s been with the Woodhull Hospital for 20 years, so he was on his way to work, and there’s no reason why he should not make it to work, right?” he said. “I believe that the NYPD was reckless in dispersing their guns in front of citizens, and I just know I think there should be an investigation.”
NYPD Chief of Department Jeffrey Maddrey said at a press briefing Sunday night that the officers didn’t realize Mickles had been hit until they started slapping the cuffs on him on the floor of the train.
Then they realized one of the cops had been hit in the armpit — as were Delpeche and a woman.
Cops even said the knife allegedly wielded by Mickles was stolen from the crime scene amid the chaos.
A police spokesman told The Post on Monday that while the incident was under review by the NYPD Force Investigation Division, the two officers had not been placed on modified duty.
Keith White, another lawyer for Delpeche’s family, said City Hall also bears responsibility.
“Let’s be clear, people are not jumping turnstiles because they are broke,” White said Wednesday. “People are jumping turnstiles because the city’s policies are broken. And so what we’re seeing and what we’re witnessing is not something that rests at the feet of somebody who’s trying to get on the train.
“This rests at the feet of a mayor who is not accepting responsibility. This rests at the feet of a chief of police who is not accepting responsibility. You can’t say that this was a mishap. You can’t say that this was simply a mistake,” he added.
“[Delpeche] did not deserve this. We deserve better. Our city deserves better.”
Joining the lawyers Wednesday was city Councilman Chris Banks.
“This was dangerous, irresponsible and careless,” he said. “So, yes, it’s been said that the administration said that this was the best restraint shown that these officers should be honored or recognized. It wasn’t restraint. It was careless. It was dangerous. It put in jeopardy so many people’s lives.”
The NYPD and officials in Mayor Eric Adams’ office did not immediately reply to a request for comment.
On Tuesday, NYPD PBA President Patrick Hendry said the blame for the entire incident lies with Mickles’ whose allegedly knife-wielding attack on the two cops sparked the shooting.
“He is solely responsible for all the harm caused in this case,” Hendry told The Post.
Additional reporting by Amanda Woods and Craig McCarthy
