Wrongful Death Suit Filed Against NYPD in Officer Shooting of Latino Man, a victim of a robbery

From [HERE] The family of a Latino man who was shot to death by a white NYPD officer during a robbery filed a notice of claim for a $25 million wrongful death suit against the city, the NYPD and Ramysh Bangali, the officer who shot him. The officer shot and killed 20-year-old Reynaldo Cuevas in September outside his family's bodega in Morrisania when police responded to a call that their store was being robbed. 

Police say three men entered the bodega and barricaded themselves inside when cops arrived. 20-year-old Reynaldo Cuevas and the bodega's manager were being held at gunpoint by the masked gunmen inside Aneurys Deli Grocery on Franklin Avenue in Morrisania.

A customer who became aware that a robbery was in progress phoned the police, and four officers were dispatched to the scene. Once they arrived, two of the three men, Orlando Ramos and Ernesto Delgado, ran into the store's backroom, leaving their accomplice, Christopher Dorsey, unarmed and alone. Seizing an opportunity to run, Cuevas and the manager took off towards the door, but, on his way out, Cuevas, who had his head down, reportedly stumbled into an officer who had his gun drawn and was subsequently shot.

It is unclear whether the officer was frightened and dischaged the gun by mistaken fear or if the officer intentionally shot him - the video moves very fast. 

The victim's cousin Jose Garcia said he witnessed the scene and that Cuevas, a nephew of the store's owner, did not have his hands raised as he left the store and cops opened fire on him.

"I saw the police shoot him," Garcia told NBC 4 New York. "He came up, but he didn't put his hands up. And he tripped or something and when he fell on the floor, they shot him."

In the surveillance video, an officer is seen near the entrance of the store, taking his gun out of its holster when Mr. Mora, store manager, emerges with his hands pointed toward the store. The officer appears to point his pistol at Mr. Mora, then steps back. "The night manager was able to convey quickly that he had been held up at gunpoint," Mr. Kelly said.

Moments later, Mr. Cuevas is seen on the video running out, immediately colliding with the officer who appears startled. Mr. Cuevas lands on the pavement on his back with the officer, who wasn't identified by police, on top of him. [MORE]  A pool of blood appears to form on the ground the instant Cuevas lands on his back. The officer is kneeling and pointing his semiautomatic at Cuevas when the video clip ends.

Investigators believe the impact of Cuevas running into the officer caused him to fire one round, striking the 20-year-old victim in the left shoulder, police Commissioner Raymond Kelly said at a news conference. Cuevas died later at a hospital. [MORE] 

The notice asserts that Bangali “negligently and recklessly fired his weapon” during the Sept. 7 incident, then “failed to obtain appropriate and immediate medical attention” once Cuevas was shot.

The Bronx District Attorney’s office announced this month that after an “extensive review” it had found no evidence to suggest Bangali committed any crime when his gun discharged, so he will not face a grand jury.

“I don’t know why they didn’t take the cop to grand jury,” Ana Cuevas, 51, said Friday, “so they could decide whether he should be indicted or not.” - (he is not white)