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City to pay Corona mom $2.5M for sonís death
Times Ledger ^ | February 13, 2014 | Times Ledger

Posted on 02/22/2014 1:21:14 PM PST by Uncle Chip

New York City has reached a $2.5 million settlement with the family of an unarmed National Guardsman who was shot and killed by an NYPD detective as he was driving late at night on the Grand Central Parkway in 2012, according to the family’s attorney.

Noel Polanco, 22, was shot in the stomach by a member of the NYPD Emergency Service Unit Apprehension Team, Hassan Hamdy, who saw Polanco reaching for something he believed was a weapon after he was pulled over by officers....

No weapon was found in the car, Queens District Attorney Richard Brown said, and a grand jury decided against formally charging Hamdy.

Polanco’s mother, Cecilia Reyes, of Corona, filed a federal wrongful death lawsuit in Brooklyn in July seeking damages in excess of $75,000 as a judgment for assault and battery in the shooting of Polanco....

Officers said they saw Polanco driving erratically in the right lane, cutting between vans, tailgating another vehicle in the left lane, then cutting back in-between the vans to the right lane, police said.

One of the two passengers in the car, Diane DeFerrari, said Polanco kept his hands on the steering wheel. The other passenger, off-duty Officer Vanessa Rodriguez, was sleeping at the time.

“The family feels they did not get justice in the criminal side of the case but on the civil side this family did get a measure of justice,” Rubenstein said.

(Excerpt) Read more at timesledger.com ...


TOPICS: Local News
KEYWORDS: donutwatch; polanco

1 posted on 02/22/2014 1:21:15 PM PST by Uncle Chip
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To: Uncle Chip

You can call me Hassan,...or you can call be Hamdy! Not charged????


2 posted on 02/22/2014 1:34:32 PM PST by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: Uncle Chip

Think I remember this one as the there was another car load of police who weren’t traffic — they were detectives. The one that shot the kid has a middle eastern Arab name. Could be Muslim.


3 posted on 02/22/2014 1:35:13 PM PST by Usagi_yo (Standardization is an Evolutionary dead end.)
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To: Uncle Chip
shoulda gone after the LEOs' pen$ions..make 'em pay personally.

4 posted on 02/22/2014 1:35:26 PM PST by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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To: skinkinthegrass

Take some money out of the 2.5M and pay for justice ... justice has to be bought and paid for in advance these days.


5 posted on 02/22/2014 1:40:14 PM PST by Usagi_yo (Standardization is an Evolutionary dead end.)
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To: Uncle Chip

The driving recklessly, weaving in lanes is a very old cop trick. Impossible to prove or disprove most of the time.


6 posted on 02/22/2014 1:40:46 PM PST by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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To: yarddog

The driving sounds like just about everyone in NYC.


7 posted on 02/22/2014 1:45:43 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Uncle Chip

I’m unfamiliar with this case. If the guy really was driving wrecklessly, why the high payout? Maybe he was drunk or high. Was the payout that high because he was a National Guard?


8 posted on 02/22/2014 1:46:35 PM PST by lee martell
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To: yarddog

Just like the Euharlee shooting — a gun was alleged but no gun found.

He was alleged to have reached under his seat but all passengers said his hands were on the steering wheel the whole time.

And there was an off-duty cop in the back seat holding her NYPD badge out the window to notify the cops to back off.

And he was shot anyway.

The city was in deep trouble with this one.


9 posted on 02/22/2014 1:49:34 PM PST by Uncle Chip
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To: lee martell

The payout was high because their officer was culpable and the city knew it.

If they had gone to trial it might have been $10 million and with the bad publicity even more.

I’m just wondering how the boneheaded misled Grand Jury that no-billed feels right about now???


10 posted on 02/22/2014 1:56:21 PM PST by Uncle Chip
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To: lee martell

“I’m unfamiliar with this case. If the guy really was driving wrecklessly, why the high payout? Maybe he was drunk or high. Was the payout that high because he was a National Guard?”
*******************************************************************

The payout was “that high” because it was an uncalled for shooting. If the family had not settled and if I was on the civil jury I would have done everything possible to have the award be MANY, MANY times the settlement amount. As usual, the killing cop’s harshest punishment was a long paid vacation (government employees refer to it as paid administrative leave). Doing a little research I saw that the cop was involved in earlier brutality lawsuits which the City settled.


11 posted on 02/22/2014 1:58:11 PM PST by House Atreides
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To: Uncle Chip

Of course, the off duty cop was asleep. That’s why she couldn’t testify against her fellow cops.


12 posted on 02/22/2014 2:05:01 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: VerySadAmerican
Of course, the off duty cop was asleep. That’s why she couldn’t testify against her fellow cops.


13 posted on 02/22/2014 2:13:38 PM PST by Bloody Sam Roberts ("The further a society drifts from truth the more it will hate those who speak it." - George Orwell)
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To: VerySadAmerican; Bloody Sam Roberts

So which was it? The backseat cop was asleep or she was holding her badge out of the window?


14 posted on 02/22/2014 2:23:11 PM PST by Shimmer1 (If fudge could sing, it would sound like Barry White)
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To: Shimmer1
So which was it? The backseat cop was asleep or she was holding her badge out of the window?

Both --

She was asleep -- but her arm holding the badge out the window wasn't.

15 posted on 02/22/2014 2:27:55 PM PST by Uncle Chip
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To: Uncle Chip

Probably about the same as the judges & parole boards do when they free criminals that kill and/or maim over and over again. NOTHING.


16 posted on 02/22/2014 2:29:43 PM PST by BigIsleGal (Wake Me Up When the Stupid Wears Off)
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To: Uncle Chip

Hassan Hamdy, NYPD Detective Who Shot Unarmed Man, Was Named In Earlier Civil Rights Lawsuits

http://www.huffingtonpost.com/2012/10/05/hassan-hamdy-nypd-detective-noel-polanco-shooting_n_1944055.html

he NYPD detective who shot and killed an unarmed National Guardsman during a traffic stop early Thursday morning was named in two civil rights complaints that ended in significant payouts by the city, court records show.

Detective Hassan Hamdy, identified by police as the officer who fatally shot Noel Polanco, 22, was one of several officers named in a 2007 brutality lawsuit by a Queens grandmother and her grandson who said they were terrorized by police after being subjected to an illegal search of their home. The suit was settled for $235,000.

Fred Lichtmacher, the plaintiffs’ attorney, said the NYPD moved swiftly to settle the case out of court. Under the terms of the settlement, the officers admitted no fault or liability for the incident.

“The city was very anxious to get rid of this,” Lichtmacher told The Huffington Post. “I never got to see what the cops’ records were like.”

Attempts to reach Hamdy for comment were unsuccessful.

A spokeswoman for New York City’s legal department said Hamdy did not appear to be a “major player” in the Queens brutality case. But the city also said that Hamdy was named in another civil rights complaint that the city settled for $291,000 in 2001, and that details of that case were not immediately available.


17 posted on 02/22/2014 2:32:59 PM PST by tired&retired
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To: House Atreides

But Diane DeFerrari, a bartender sitting in the front passenger seat of Polanco’s car, has contradicted the police account, telling news outlets that Polanco had his hands on the steering wheel at all times during the stop.

DeFerrari described the officers who made the traffic stop as aggressive, saying they screamed obscenities and extended the middle finger toward the car before Polanco pulled over. She said Polanco had no time to reach under the seat before being shot.

“All you had to do was pull him over, ask for license and registration and take him to jail. There was no reason for this innocent kid to be killed,” she told CBS News.

A third passenger, off-duty police officer Vanessa Rodriguez, 29, was asleep in the backseat, police said.


18 posted on 02/22/2014 2:35:32 PM PST by tired&retired
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To: Uncle Chip

Court records do not indicate whether Hamdy was disciplined by the NYPD for his involvement in the 2007 brutality incident.

But according to Dorothy Garcia, 74, one of the plaintiffs in the lawsuit, Hamdy was one of several officers who broke down her front door in pursuit of her grandson, who they mistakenly believed was involved in a violent crime.

Garcia identified Hamdy after being shown his photograph by reporters on Friday.

“They stormed up. They were screaming,” Garcia said. She answered the door and the officers demanded to see her grandson, Tyrell Garcia, who was then 23.

When Ms. Garcia refused to let them in her house without a warrant, Hassan and the other officers began forcing their way into the house, she said. The officers broke down the door and chased after Tyrell, who hid in a neighbor’s garage.

According to the lawsuit, the teen surrendered and walked out of the garage peacefully, but was thrown to the ground and beaten by officers. A police dog was allowed to bite him repeatedly, the complaint said.

Several minor criminal charges were filed against Garcia for fleeing the police, but were later dropped, said Lichtmacher, the attorney. Garcia was cleared of any involvement in the crime that prompted the initial search.

“They were extremely aggressive with very little information,” Lichtmacher said. “They had no warrant. It was a very strange incident.”

Lichtmacher, who frequently represents plaintiffs in brutality cases against the NYPD, said he was unaware of Hamdy’s specific role in the 2007 incident. But he said it was unsurprising to see Hamdy involved in another event involving allegations of unjustified use of force.

“We see the same guys over and over,” he said.

A rally in protest of Noel Polanco’s shooting is scheduled for 9 a.m. Saturday morning at the headquarters of Al Sharpton’s National Action Network in Harlem.


19 posted on 02/22/2014 2:37:10 PM PST by tired&retired
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To: Uncle Chip

The source said that when Polanco’s car was searched, a carpenter’s “screw gun” was found in the driver’s floor area.
A four-volt, black and yellow Ryobi power tool was found in the car, but no weapon.


20 posted on 02/22/2014 2:41:09 PM PST by tired&retired
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To: Shimmer1

The report says the backseat cop “claimed” she was asleep. That worked for me once. A bunch of us teens got arrested for minor possession of alcohol and two of them vandalized the jail cell. When the judge asked me what I saw I told him I didn’t see anything because I was passed out. And I wasn’t lying.


21 posted on 02/22/2014 2:48:52 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: Uncle Chip

There are a couple of posts on this thread claiming the police officer in the back seat was asleep. Was she asleep or was she flashing her badge?


22 posted on 02/22/2014 2:50:20 PM PST by EDINVA
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To: Uncle Chip
but the important thing was...
23 posted on 02/22/2014 2:50:51 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: tired&retired

We shouldn’t racially profile. But a judge recently ordered a New Jersey neonazi not to name his son Adolf Hitler, and took the child into protective custody. So, wouldn’t it be prudent to have a “name profiling” for anyone named Hassan?


24 posted on 02/22/2014 2:55:07 PM PST by Albion Wilde (The less a man knows, the more certain he is that he knows it all.)
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To: EDINVA

I wasn’t there but we have this in the first news article on this:

“The officer riding in Mr Polanco’s car, 29-year-old Vanessa Rodriguez, was waving her police ID out the window just before the shooting, sources said.”

http://www.freerepublic.com/focus/f-chat/2941452/posts

http://www.dailymail.co.uk/news/article-2213322/Unarmed-Army-reservist-shot-dead-NYPD-cop-reaching-drill-traffic-stop.html

Then in subsequent articles she claims to have been asleep and no mention of badge out the window shows up in any articles.


25 posted on 02/22/2014 3:05:29 PM PST by Uncle Chip
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To: EDINVA

Could you sleep through this:

A passenger in Mr. Polanco’s car, Diane Deferrari, said in a phone interview Thursday night that just before pulling the car over, officers appeared irate that Mr. Polanco had cut them off.

She said that one of the officers — but not Detective Hamdy — stuck up his middle finger and was screaming obscenities from one of the moving police trucks.

“As soon as we stopped — they were rushing the car,” Ms. Deferrari said. “It was like an army.”

She said a group of officers swarmed the car, yelling for the three people in Mr. Polanco’s car to put their hands up.

Mr. Polanco, whose hands were still on the steering wheel, had no time to comply, Ms. Deferrari said. At that instant, a shot rang out, and Mr. Polanco gasped for air, she said.

http://www.freerepublic.com/focus/f-news/2940692/posts

Does that sound like something that an off-duty police officer in the back seat would be able to sleep through without putting her hands up and out the window with her badge.


26 posted on 02/22/2014 3:14:36 PM PST by Uncle Chip
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To: Uncle Chip

Sounds like murder to me


27 posted on 02/22/2014 3:16:36 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: Uncle Chip

I don’t know who could sleep through all the commotion that accompanies a pull-over, i.e., sirens, etc. That’s why I wondered about the claims that the officer in the car had slept thru the incident. She’d have to have been dead drunk.


28 posted on 02/22/2014 3:23:01 PM PST by EDINVA
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To: Uncle Chip

A “full measure” of justice wold be for Officer Hamdy to disappear. Forever.


29 posted on 02/22/2014 3:28:46 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: EDINVA

I suspect that she was told after the incident or realized on her own that for her career’s sake she should just claim that she saw and heard nothing because she was asleep in the back seat the whole time.


30 posted on 02/22/2014 3:31:50 PM PST by Uncle Chip
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To: Lurker

The $2.5 million should came out to the police officer’s retirement fund ==


31 posted on 02/22/2014 3:33:17 PM PST by Uncle Chip
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To: tired&retired
Sounds to me that this guy is pretty much a "thugh"...

Who wants a guy like that running around their neighborhood with a gun..!!

32 posted on 02/22/2014 4:01:02 PM PST by unread (Rescind the 17th. Amendment...bring the power BACK to the states...!)
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To: Uncle Chip

Do you know if she’s still a police officer? It’d be interesting to know the toll this whole incident has taken on her, both personally and professionally, if any.


33 posted on 02/22/2014 4:30:22 PM PST by EDINVA
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To: EDINVA

I don’t know — but I’m sure it weighed on her.

But even without her testimony of putting her badge out the window the city was going to pay dearly.

Think about it — since when is somebody pulled over for a mere traffic violation by a SWAT truck, then ganged up on by a swarm of armed police with guns drawn taking the shole incident personally because you had just cut them off.

Something was going to go wrong and it did.

I hope the boneheads on the Grand Jury are sleeping well —until Hamdy’s next incident.


34 posted on 02/22/2014 4:52:50 PM PST by Uncle Chip
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To: Uncle Chip

“...until Hamdy’s next incident.”

That’s another follow-up I’d wondered about... is Hamdy still with NYPD? And, if so, do they let him away from a desk for other than escorted potty breaks?


35 posted on 02/22/2014 6:27:00 PM PST by EDINVA
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To: Uncle Chip

$2.5 mill seems like chump change for the life of a 22 year old.


36 posted on 02/22/2014 6:47:52 PM PST by Palio di Siena
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To: yarddog
"The driving recklessly, weaving in lanes is a very old cop trick. Impossible to prove or disprove most of the time."

A CBS News Crew caught Mayor de Blasio's car doing this just the other day...

37 posted on 02/22/2014 6:50:43 PM PST by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: yarddog

Which us why I am considering putting a Dash Cam in my new Car.

They even make a combination front an rear facing camera system nowadays.

Funny how I think of doing things in my Life that would have never occurred to me as a younger man. Hiding my Guns, making sure I have photographic proof of my innocence, worrying about how my Political Beliefs can be attacked by own Government through IRS / NSA / BATF / (you name it) intimidation.

Or I’m just paranoid.


38 posted on 02/22/2014 7:01:29 PM PST by Kickass Conservative (Nobody owes you a living, so shut up and get back to work...)
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To: Uncle Chip

Yet another instance where criminals pinned to badges commit murder....the government refuses to hold them
accountable and then goes out and STEALS $2.5Million
from the taxpayer AT GUNPOINT...remember all taxes are
collected via threat of violence....to pay off the family
so they can cover up this crime.


39 posted on 02/22/2014 7:04:45 PM PST by nvscanman
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