Pubdate: Fri, 09 Aug 2002
Source: New York Times (NY)
Copyright: 2002 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Bruce Lambert
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

NO INDICTMENT IN SHOOTING OF YOUNG MAN IN SUFFOLK RAID

A Suffolk County grand jury has declined to indict a police officer who
fatally shot a man during a botched drug raid in April. But a lawyer for the
dead man's family said yesterday that they would seek damages in a
wrongful-death lawsuit.

Jose Colon, 20, a graphic arts student, was shot in the head on April 19 as
he emerged from a house in Bellport, just as several officers were advancing
in a drug raid. According to the police, Officer Tony Gonzalez's drawn
9-millimeter submachine gun accidentally fired when he was bumped from
behind by another officer who had tripped on a tree root.

A Suffolk County grand jury ended its investigation on Wednesday without an
indictment. Officer Gonzalez, who was temporarily placed on administrative
duty as a firearms instructor, has expressed remorse. Police officials said
they conveyed apologies and sympathy to the relatives, and District Attorney
Thomas Spota plans to meet with the family.

Mr. Colon's mother, Kathleen Seaton, was disappointed by the grand jury's
decision, said the lawyer for Mr. Colon's estate, Dominic Barbara of Garden
City. "She has an emotional reaction that her son was killed and someone
should be punished for it," he said.

But the lawyer said he accepted the grand jury decision that there was not
enough evidence of a crime. That decision may well bolster the lawsuit,
since the police admitted having made a mistake. "I don't think there's any
question of liability" Mr. Barbara said. "The issue is damages."

After the shooting, some news accounts quoted a neighbor and Mr. Colon's
girlfriend as disputing the police version, saying they had not seen an
officer trip or bump Officer Gonzalez. But later those witnesses recanted
their remarks, the Suffolk district attorney's office said.

Although the police said they seized several ounces of marijuana at the
house and arrested four other men on drug possession charges, there was no
indication that Mr. Colon had bought, sold or used drugs.

"This kid had no prior record," Mr. Barbara said. "He was just a sweet kid."

In an interview, Mr. Colon's mother said she regretted that she had not been
allowed to take part in the grand jury process, which is secret. But she
declined to comment on the decision. "What's more important for me is that
people know that Jose was a good son," she said, "and we miss him terribly."
- ---
MAP posted-by: Josh