N.Y.
Officer on Trial
in Killing of
Immigrant
By Sabrina
Tavernise,
The New York
Times
One spring
afternoon two
years ago, a
young undercover
police officer
was waiting
nervously in a
labyrinthine
mini-storage
building in
Chelsea,
watching over a
stash of
counterfeit CD's
until his
superiors
returned.
Suddenly, he
came upon an
unarmed man who
spoke little
English. The
man, an
immigrant from
West Africa, and
the officer
began to
struggle. The
man did not stop
and grabbed for
the officer's
gun, the officer
said, even after
the officer
identified
himself.
Several
minutes later,
after a short
chase down a
dead-end
corridor, the
police said, the
officer fired
his gun four
times at the
man, hitting him
in the chest and
abdomen, killing
him.
The officer,
Bryan A. Conroy,
goes on trial
today in the May
22, 2003,
killing of the
immigrant,
Ousmane Zongo.
Officer Conroy
has pleaded not
guilty to
reckless
manslaughter.
His lawyer,
Stuart London,
faces a
difficult task.
He will try to
convince a jury
that the
shooting was
justified,
because his
client, on
police duty, was
trying to arrest
Mr. Zongo. But
prosecutors say
that it was
Officer Conroy
who started the
struggle, and
that a stricter
standard should
apply.
It is the
first trial of a
New York City
officer in the
death of a
civilian since
the trial in
2000 of four
officers who
killed another
unarmed African
immigrant,
Amadou Diallo,
in 1999. Mr.
Diallo was shot
19 times in the
vestibule of his
Bronx apartment
building, in an
episode that put
the Police
Department under
criticism for
what some said
was overly
aggressive
policing, and
led to a change
in some of its
tactics.
But
convictions in
police killings
of civilians are
rare. In the
case of Mr.
Diallo, jurors
acquitted the
police officers
involved of
murder, saying
that prosecutors
had failed to
prove they acted
criminally. Last
year, a grand
jury refused to
indict a police
officer for
accidentally
shooting and
killing a
teenager while
on patrol on a
Brooklyn
rooftop.
Mr. Zongo,
43, arrived from
Burkina Faso in
2001, and worked
restoring
African art,
which was stored
in the Chelsea
warehouse.
The central
issue at trial
will be whether
Officer Conroy
was trying to
arrest Mr. Zongo,
an action that
could lead a
jury to conclude
the shooting was
justified.
Officer Conroy's
lawyer, Mr.
London, contends
that his client
was trying to
arrest Mr. Zongo,
who resisted,
even knocking
Officer Conroy's
nose with his
shoulder when he
tried to grab
the officer's
gun.
Prosecutors
say, however,
that Officer
Conroy had no
reason to
believe Mr.
Zongo was a
threat, and that
he, in fact,
acted first,
aiming his
loaded gun at
Mr. Zongo.
Prosecutors
argue that
Officer Conroy
should be
treated as a
civilian and
should not be
given the legal
leeway allowed
when a police
officer is
making an
arrest.
The
circumstances
could not have
been worse. The
warehouse, where
police had
executed a
search warrant
that day as part
of a
counterfeiting
investigation,
was dark, and
Officer Conroy
had been left
without backup.
He was
unfamiliar with
the layout, and
did not know
that the
warehouse had
not been closed
to civilians.
Court papers
citing remarks
Officer Conroy
was said to have
made to
colleagues, once
they returned,
evoke a
frightened
rookie.
"What took
you so long?
This guy
wouldn't stop
fighting,"
Officer Conroy
said, according
to court papers.
"He kept coming
and coming; he
tried to get my
gun."
Officer
Conroy, who is
26, joined the
police force in
September 2000.
Mr. London
argues that
accusing the
officer of being
the aggressor is
unfair. Officer
Conroy, though
undercover, was
on active duty
at the time of
the shooting,
and believed Mr.
Zongo was a
threat.
"It would
have a chilling
effect on all
undercover
operations," Mr.
London said
yesterday.
Officer
Conroy arrived
at a hearing in
State Supreme
Court in
Manhattan
yesterday
dressed sharply
in a pinstriped
suit with a
small American
flag button on
his lapel. His
parents and his
wife, whom he
married in the
last year, came
with him.
Since the
shooting, the
officer has kept
a low profile,
Mr. London said.
He has continued
to work for the
police
department
monitoring video
screens in
Staten Island,
where he lives.
He goes to the
gym to work out,
and spends time
with his new
wife.
Also in court
were Mr. Zongo's
widow, Salimata
Sanfo, and two
of his brothers,
who had made the
trip from their
3,000-person
village, Zogbega
Yako, to attend
the trial. Mr.
Zongo's family
has filed a $150
million lawsuit
against the
city, claiming
wrongful death.
Outside the
courthouse
yesterday, two
interpreters
turned the
tribal language
spoken by Ms.
Sanfo into
English before
the family was
whisked away in
a black
limousine with
their lawyer,
Sanford
Rubenstein.
"She said
that when she
saw the
policeman for
the first time,
she was mad, she
was ready to
yell and cry,"
said Mohamed
Dibassy, one of
the
interpreters.
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