Pubdate: Thu, 02 Mar 2000 Source: Newsday (NY) Copyright: 2000, Newsday Inc. Contact: (516)843-2986 Website: http://www.newsday.com/ Author: Timothy Williams, Associated Press Writer GIULIANI DEFENDS OFFICER, SAYS UNARMED SUSPECT WAS CAREER CRIMINAL NEW YORK (AP) -- The morning after an undercover officer fatally shot an unarmed man in the Bronx neighborhood where Amadou Diallo was also killed, Mayor Rudolph Giuliani said Thursday he could not guarantee similar police shootings would not occur there in the future. "How can I say that it's not going to happen again?" he said at a news conference about the shooting of Malcolm Ferguson. "When we cure drug dealing, significant violent crime -- when we cure all that, then this will not happen again." The Ferguson shooting, which brought about 100 angry protesters to the neighborhood Wednesday night, came at a particularly tense time in police-community relations in the city: Six days ago an Albany jury acquitted four white undercover officers for firing 41 times at Diallo in the vestibule of his Bronx apartment building, and a Brooklyn jury is considering the fate of three officers charged with concealing the police torture of Abner Louima. On Thursday, the Rev. Al Sharpton and Diallo's parents met with Justice Department officials in Washington to try to persuade the federal government to pursue charges against the four officers who gunned down their unarmed son. During the meeting, protesters marched outside to demand federal action. And a nationwide Harris Poll released Thursday found that 76 percent of black Americans and 45 percent of whites believe police brutality against minorities is relatively common. Both Diallo and Ferguson were black and lived in the Soundview neighborhood of the Bronx. Residents' fear and loathing of police officers was ripe there on Thursday. They got away with Diallo," said neighbor Yolanda Jones, 34. "Now, all of a sudden, they think they just have the right to pull out and shoot." City officials however, took pains to draw distinctions between the February 1999 police killing of Diallo and the shooting of Ferguson, who was described Thursday as a career criminal with arrests for robbery, burglary, heroin trafficking, possession of a handgun, selling heroin and resisting arrest. At the time of his death he was on parole for a heroin selling conviction. "He'd been arrested several times while on parole but somehow was never put back in prison which is where people who violate parole should go," said Giuliani. City officials described the shooting this way: At about 6:30 p.m. Wednesday, a six member team from the department's housing bureau anti-drug squad saw Ferguson, 23, William Cadiz, 28, and Julio Reyes, 24, engaged in "suspicious activity" outside an apartment house at 1045 Boynton Ave. All three had previous arrests for drug dealing or drug possession and the four story apartment building has been the scene of 86 drug arrests since 1997. Reyes, who lives in the Boynton Avenue building, had been arrested Feb. 7 when police found 90 glassine envelopes in his apartment. "The building itself is considered a prime drug location," said Giuliani. "The area is an area in which significant numbers of shootings and homicides have taken place," he added. "It is one of the top 10, 12 precincts for crime in the city." When the officers identified themselves, the three men ducked inside the building. "We have statements from the other two individuals that they knew they were police officers, that they had their shields out and they in fact said, 'Police officers, don't move,"' said Safir. Ferguson ran inside and Officer Louis Rivera, a four-year veteran, gave chase toward the back of the building and up some stairs. "Police officer Rivera chased him and it appears that at some point a struggle took place and the police officer's gun went off," said Giuliani. "We don't know if it was accidental or intentional, intentional meaning as part of the struggle in protecting his life. But one bullet entered Mr. Ferguson, the side of his head, and killed him." Safir said a witness saw Rivera and Ferguson struggling, but did not see the gun. Investigators found blood on Rivera's gun and $360 in small bills and glassine envelopes containing heroin on Ferguson's body. Ferguson was also wearing two sets of clothing -- which may have been an effort to avoid arrest, police said. he Bronx District Attorney's office is investigating the shooting and the case is likely to be presented to a grand jury. Rivera has refused a request to be interviewed by investigators, said Steven Reed, spokesman for the district attorney's office. Giuliani said Rivera has 126 arrests and four medals and "is considered to be an exceptionally skilled police officer." Rivera also has two civilian complaints against him, both found to be unsubstantiated.He has been placed on modified duty pending the outcome of the investigation, which is standard police procedure. - --- MAP posted-by: Allan Wilkinson