NYC- One fired 31 bullets, the other 11. But Detectives Michael Oliver [pictured] and Gescard Isnora are joined with the same potential fate: a shocking 25 years behind bars.
The indictment in the fatal police shooting of Sean Bell was unsealed yesterday, and the severity of the charges – a top count of first-degree manslaughter, which carries mandatory prison time – surprised insiders, who were expecting a lesser count.
Yet that wasn’t enough for some, including the Rev. Al Sharpton, who said the death of Bell was nothing short of murder.
“Clearly in our judgment there was evidence to reach the level of murder and attempted murder,” Sharpton said at a news conference before the three cops were arraigned in Queens Supreme Court.
“It falls short of what we want,” he added. “All five officers should have been charged.”
Sharpton also warned that the other shooting victims, Bell’s pals Joseph Guzman and Trent Benefield, would not testify if the case were moved out of Queens – further complicating a case that has already inflamed tensions in the African-American community.
On Friday, a Queens grand jury ended nearly two months of investigation when it voted to indict Oliver, 35, Isnora, 28, and Detective Marc Cooper, 39, in the shooting, and not bring charges against Police Officer Mike Carey, who fired three shots, and Detective Paul Headley, who fired one.
Oliver and Isnora face the most serious charges of first- and second-degree manslaughter, as well as first-degree assault charges stemming from the wounding of Guzman and Benefield.
While the grand jury’s findings were secret, reports widely held that Oliver and Isnora would be charged with second-degree manslaughter, which is punishable by anywhere from 15 years down to just probation.
“I believe that this office and this grand jury got the result that was most appropriate,” Queens District Attorney Richard Brown said in a morning press conference announcing the charges. “This was a case that was I’m sure not easy to resolve.”
Benefield, 23, Guzman, 31, and Bell, 23, were among those who were celebrating Bell’s bachelor party on Nov. 25, the same night a special undercover team that included Oliver, Cooper and Isnora was investigating the Kalua .Cabaret for guns, drugs and prostitution.
Isnora, who fired the first shot, later told cops he followed the group from the strip club after seeing a dispute, and identified himself after they got into Bell’s car, according to a police report. He only fired after he thought Guzman went for a gun, he has maintained.
Guzman and Benefield disputed that version, saying the cops never identified themselves and that nobody went for a gun. No weapon was ever found.
Outside the courthouse, politicians and activists mixed with others holding signs calling for murder charges, remembering Bell or decrying racism because the victims were all African-American.
Inside, the ceremonial 250-seat courtroom was a tough ticket and lines wound through the Kew Gardens courthouse secured by white-shirted court officers.
Benefield and Guzman, still suffering from the bullet wounds, and Bell’s fiancée, Nicole Paultre-Bell, craned their necks as the three cops were led inside, uncuffed, and sat by their lawyers.
The petite Paultre-Bell sat next to Sharpton and glared at Oliver, who fired the shots that a coroner determined killed the man she was to marry hours later. Neither Oliver, Cooper – who fired four times – nor Isnora said anything.
The officers’ families sat behind them holding hands and wiping tears, some wearing sunglasses and grim faces, while on the other side of the courtroom, Bell’s mother, Valerie, comforted his father, William Bell Jr., as Bell’s aunt wiped away tears.
The court clerk’s clear voice broke the harsh silence of the courtroom as he read the eight counts of manslaughter, assault and reckless endangerment. Prosecutor Peter Reiss asked for $250,000 bail for Oliver and .Isnora, and $2,500 for Cooper.
The three officers pleaded not guilty. The only argument came from Cooper’s lawyer, Paul Martin, who asked that his client be released on his own recognizance.
“He has an unblemished career,” he said, adding that his wife and children were in the courtroom and he would return to court without bail.
Administrative Judge Randall Eng agreed and released Cooper, who faces a year in jail, without bail and set $250,000 bond for the others. They made bail, with help from their police union, minutes after the hearing.
“Today was just a baby step in this long road we have ahead of us,” Paultre-Bell said afterward, holding back tears. “We’re here to fight and we’re going to continue to pray for justice.”
Guzman, who dramatically stood from his wheelchair for the first time in public since the shooting as he spoke briefly with reporters, agreed.
“This was not a victory,” Guzman said. “It’s hollow, that’s all it is. I want everyone to know that we lost somebody dear and we’re going to fight all the way.”
Later, defense lawyers and police union officials blasted the charges as “excessive.”
“It’s a very dark day for all our detectives and the NYPD,” said Michael Palladino, president of the Detectives’ Endowment Association. “This is more chilling than I had originally thought. . . . If you can’t get it done in three shots or less, you’re in trouble.”
The officers were “very somber,” their lawyers said. Oliver’s lawyer also defended the detective’s lavish night out at an expensive trendy East Side restaurant Saturday night.
“This case will be tried on what happened on Nov. 25 on Liverpool St.,” lawyer James Culleton said. “It will not be tried on my client being followed around or attending dinners.”
Eng, who randomly selected Queens Supreme Court Justice Arthur Cooperman as the trial judge, ordered the three officers back to court on April 11.