NYPD’s handling of subway ‘evader’ under scrutiny after shooting that injured bystanders

Police experts are questioning whether NYPD officers were justified in shooting and hitting a suspected fare evader on a crowded subway platform Sunday. The answer depends on whether the officers reasonably believed they or others were in imminent danger.

The shooting left one officer lightly injured and three seriously injured, including two bystanders and Derell Mickles, 37, who police accused of driving past the turnstiles without paying his fare. Police experts say the incident raises questions about how officers combat fare evasion and adhere to de-escalation protocols.

“It’s what the officer thought was reasonable at the time,” said Chris Mercado, a former NYPD lieutenant who is now a professor at John Jay College of Criminal Justice. “If that officer felt it was reasonable, that’s what he’s entitled to do and he’ll have to answer for it in court.”

According to police, Mickles evaded officers as he walked toward the L train platform at the Sutter Avenue station in Brownsville, Brooklyn. NYPD officials said he threatened officers, who responded by firing their Tasers. Officials said the Tasers did not work and Mickles then pulled out a knife, prompting officers to fire their firearms.

Police said the knife found at the scene was not the one Mickles was carrying when officers shot him. Authorities said Mickles’ knife was taken from the scene and another knife was left behind by a fleeing passenger.

According to a witness to the incident, the two officers chased Mickles on foot to a subway car. Just before Mickles entered the car, the officers ordered him to drop the knife, he said.

“I’ve never seen a knife, but I don’t think I’ve seen both of his hands,” LaFauci said in a telephone interview. “His hands are behind his back and the police are yelling at him, but he’s trying to stay away from them.”

According to LaFauci, after the officers ordered Mickles to drop the knife, they approached within a foot of Mickles and a small scuffle broke out. Mickles then walked away from the officers. At least one officer fired his Taser, but that did not stop Mickles, he said.

“He was very quiet the whole time,” he said. “He was walking away when they tased him, that’s for sure.”

LaFauci said he was not questioned by police after the incident despite waiting on the dock.

Mercado said officers would be justified in firing a Taser at someone who was walking away if the person was reaching for or brandishing a knife. He said body camera footage and how officers express their concerns will determine whether the shooting is justified.

Another police expert said investigators will not only consider the safety of officers, but also that of others on the platform.

Jill Snider, a former NYPD cop who now serves as an adjunct lecturer at John Jay College of Criminal Justice, said the NYPD enforces a 21-foot standard for people carrying knives.

“If (officers) were in that 21-foot safety zone, or if there were other people who could be harmed, we would have to switch to our firearm,” she said.

Snider said the shooting as described appears justified, but she hopes officers at least tried de-escalation tactics, such as talking to Mickles.

“The use of force protocol would be: suspect with a knife, lots of innocent bystanders, Taser didn’t work, and then you typically use your firearm,” she said.

A third expert, retired NYPD detective Dennis Jones, questioned whether such an aggressive crackdown on fare evasion was consistent with current NYPD protocol. In an interview, Jones said the department regularly updates guidelines on which crimes merit prosecution based on outside circumstances, such as pressure from elected officials.

“The protocols always change when someone says, ‘Okay, we want all the Reapers, go ahead and get me 100 Reapers,’” Jones said. “They can also say, ‘Oh, we missed one or we’re going after them with guns and we’re going to chase this guy for several blocks just for three bucks.’”