A police officer who fatally shot a mentally ill woman in her New York apartment in 2016 after she brandished scissors and a bat was acquitted by a judge Thursday.
New York Police Department Sgt. Hugh Barry was found not guilty of murder, manslaughter and criminally negligent homicide in the death of Deborah Danner.
Danner, who had been diagnosed with schizophrenia, was brandishing a bat when Barry shot her. He had earlier persuaded her to put down scissors.
“Clearly this case involved a terrible tragedy and emotions on both sides are elevated,” state Supreme Court Justice Robert Neary said before announcing his verdict.
Defense attorney Andrew Quinn said “we’ve always felt confident we would win but you never know” until the verdict is announced.
The death of Danner, who was black, at the hands of Barry, who is white, invited comparisons to the 1984 police killing of another black Bronx woman, Eleanor Bumpurs, who was shot after waving a knife at officers. Danner’s shooting also drew rare rebukes from the mayor and police commissioner.
Commissioner James O’Neill said at the time that his department had “failed” by not subduing Danner without resorting to deadly force.
“That’s not how it’s supposed to go,” O’Neill said. “It’s not how we train; our first obligation is to preserve life, not to take a life when it can be avoided.”
Officers had been called to Danner’s Bronx home several times before.
Prosecutors said Danner’s death resulted from numerous failures by the eight-year department veteran.
“He failed in his training,” Assistant District Attorney Newton Mendys said in opening statements. “He failed to listen to Mrs. Danner. …He failed to grasp the actions of a mentally ill woman.”
Barry testified Tuesday that he tried to grab Danner before she had a chance to pick the scissors again.
“She was too fast for me,” Barry said. “The last thing I want was for her to go into the room and get the scissors.”
Barry said he drew his gun and pleaded with her to drop the bat, but she stepped toward him. He said he could not back up because five other officers were crowded close behind him.
“I just see the bat swinging and that’s when I fired,” he said. “I’m looking at this bat that can crack me in the head and kill me.”
(AP)