Monday, July 14, 2008

Cops Gone Wild Part 3: The Killer Road Rage/Duck A Breathalyzer Test Edition

The family of another father, and husband-to-be killed by a NYPD officer is struggling to gain justice for his death.

Jayson Tirado was shot and killed on October 21, 2007, by Officer Sean Sawyer. The off-duty officer shot the young father after they argued during a traffic incident. Mr. Sawyer claimed that Mr. Tirado raised his hands in a menacing manner after saying he had a gun. However, there's no evidence to prove that Jayson Tirado was in fact in possession of a firearm; no weapon was found inside the vehicle. It should also be noted that the officer isn't professing that he actually saw a weapon. He is only professing that he saw the victim raise his hands. The claim that Jayson verbally stated that he had a gun is also in dispute.

However, the indisputable part of this tragic situation is that after firing his weapon, Officer Sean Sawyer failed to report the incident until 19 hours later. This delay raised eyebrows, and would cause anyone with a modicum of analytical skills to conclude that Mr. Sawyer might have went M.I.A. in order to avoid a breathalyzer test. The shooter was reportedly returning home from a night of partying at the time of the incident. Since the Sean Bell travesty, the NYPD has implemented a policy of administering a breathalyzer test to any officer who wounds or kills someone. The officer's 19 hour absence allowed him to skirt this requirement.

This quagmire of a case was recently handed to a grand jury. The grand jury decided not to bring ANY charges against Jayson Tirado's killer. I am appalled that a grand jury failed to indict someone who acted in such a reckless manner. The family's famed attorney, Ronald Kuby, reasoned that the lack of charges was due to Mr. Sawyer's status as a police officer. Mr Kuby States: "
Of course, he got preferential treatment because he was a police officer...If a civilian had killed a police officer under those circumstances, that civilian would be looking for bail money right now."

The absence of any charges, shows me that the judicial system has it backwards. Logically, the fact that Sean Sawyer is an officer of the law should mean that he should be held to higher standards. His job training should have taught him this. In addition to having supposedly receive training as to when it is apropos to use a firearm; as a member of the NYPD, Mr. Sawyer has formidable resources at his disposal. If Mr. Sawyer felt that his life was in danger, he could have called for assistance.

What do these type of repeated, tragic, unpunished killings say about the system that we pay to protect us? Moreover, what does it say about us as a society?

[SIDEBAR: I will be following up on this blog post with another entry concerning the legal aftermath of this heartrending situation. R.I.P to another young father, and condolences to his loved ones.]

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