Officers involved in fatal shooting of 16-year-old Kimani Gray won’t face criminal charges
The NYPD cops who shot and killed a 16-year-old Brooklyn boy who was allegedly armed — sparking mini street riots — will not face a criminal prosecution, the Daily News has learned.
Lawyers for the family of Kimani Gray, who died in an East Flatbush street on March 2013, notified a federal judge Tuesday that prosecutors informed them “that they are not pursuing criminal charges against the (officers) and will not be presenting case to the grand jury,” a court document shows.
The decision came after a recently-completed investigation ordered by Brooklyn District Attorney Kenneth Thompson, sources said.
A DA spokeswoman confirmed the office will not present the case to a grand jury.
Police have said Gray pointed a loaded .38-caliber handgun at the officers and claimed he was ordered to drop it.
But his family and lawyers noted that out of seven bullets that struck the teen, three entered from his back, suggesting he was running away.
Dozens were arrested in subsequent protests, including Kimani’s sister, and at least two officers were lightly injured in the fracas.
The kid’s parents have filed a federal lawsuit naming the two cops involved in his death: Sergeant Mourad Mourad and Officer Jovaniel Cordova.
Lawyers of the defendants and the city recently asked a judge to put a stay on the suit until the conclusion of a potential criminal case.
One of the Grays attorneys, Michael Hueston, cited the DA opting to punt when asking to deny that request.
Insiders have described the chances of a grand jury action as slim all along.
“It’s what I’ve expected,” another family lawyer, Kenneth Montgomery, said of the DA’s decision. “I’m going by how long it has taken and the police’s initial statement that the shooting was justified.”
A DA spokeswoman did not immediately confirm the office’s determination.
“We’re going to make the results of police shooting cases known” after concluding investigations and meeting with victims’ relatives, Thompson said.
The issue of prosecuting police officers came into sharper focus recently when father-of-six Eric Garner died this month after an arresting officer put him in a chokehold. The Staten Island DA is probing that incident.