Manhattan District Attorney Robert M. Morgenthau announced today that a New York County Grand Jury has voted not to file criminal charges against Police Officer Sean Sawyer in connection with an off-duty shooting incident on October 21, 2007 in which 25-year-old Jayson Tirado was killed.  The grand jury heard testimony from 16 police, medical, and civilian witnesses.

The investigation revealed that on October 21, 2007 at approximately 5:45 a.m., P.O. Sean Sawyer was driving his yellow Nissan Xterra southbound on the FDR Drive. The officer was off-duty, heading home after socializing with several companions at a bar in Woodside, Queens.  At the same time, Jayson Tirado was driving his purple Honda Civic southbound on the FDR after meeting with friends and drinking in a park near the Dyckman Street exit of the Henry Hudson Parkway in Washington Heights.  A friend, who was intoxicated, was in the front passenger seat of Mr. Tirado’s car and another friend was in the back seat of the car.

A traffic fatality involving a motorcycle caused traffic to slow down around 118th Street and the FDR Drive, and Mr. Tirado cut in front of P.O. Sawyer’s car.  No words were exchanged between P.O. Sawyer and any occupant of Mr. Tirado’s car at that time.

Because of the traffic fatality, all traffic, including the cars driven by Jayson Tirado and P.O. Sawyer, was diverted onto the exit at 116th Street.  At that point, angry words were exchanged between Jayson Tirado and P.O. Sawyer.  According to P.O. Sawyer, Jayson Tirado started the argument by swearing at the officer and threatening to “knock him out.”  According to the backseat passenger in Mr. Tirado’s car, P.O. Sawyer started the argument by stating, with vulgarity, that, in substance, Mr. Tirado should “learn how to drive,” and threatened to “clap” the occupants of the car.  The passenger in the backseat understood “clap” to be a slang word for “shoot”.  The front seat passenger also stated that P.O. Sawyer started the argument and threatened to kill the car’s occupants.

After the exchange, P.O. Sawyer attempted to get away from Jayson Tirado by driving westbound on 116th Street through red lights at both Pleasant Avenue and at First Avenue, and then turning onto First Avenue and heading north.  Jayson Tirado also sped through the lights and also turned onto First Avenue to try to catch up with P.O. Sawyer. 

Mr. Tirado succeeded in overtaking Officer Sawyer on First Avenue near 117th Street, pulling his car in line with the officer’s. Mr. Tirado then reached down towards the floor of his car, calling out words to the effect of, “Want to see my new Ruger?” and coming up with his arm extended and his hand stretched out as though he held a gun. P.O. Sawyer was carrying his licensed off-duty firearm with him.  The officer, believing that Mr. Tirado actually had a gun, fired two shots towards the car as Mr. Tirado’s arm came up.  As the shots were fired, Mr. Tirado sped off.

One of the bullets from P.O. Sawyer’s gun went through the passenger side rear window of Mr. Tirado’s Honda Civic.  It grazed the arm of the backseat passenger and then hit Mr. Tirado near his right shoulder blade.  The bullet traveled across Mr. Tirado’s body and exited near the front of his left armpit.  The second bullet went through the rear passenger side bumper of Mr. Tirado’s car and ended up in the trunk of that car. 

Mr. Tirado drove his Honda Civic approximately three more blocks before the backseat passenger noticed that the car had slowed down and that Mr. Tirado had slumped over.  The backseat passenger stopped the car by pulling the emergency brake, grabbed Jayson Tirado and noticed that he was bleeding.  A friend of Mr. Tirado’s was riding in a second car that had been following the Honda Civic. The friend arrived and attempted to give Mr. Tirado CPR.  Meanwhile, the backseat passenger flagged down a police officer, who immediately called for an ambulance.  Mr. Tirado was pronounced dead at Harlem Hospital at approximately 6:12 a.m.

According to Officer Sawyer, when he saw Jayson Tirado’s car stop at 120th Street, he feared that Mr. Tirado was about to start a gun fight.  For that reason he turned off First Avenue and drove to his apartment on the West Side of Manhattan. 

P.O. Sawyer did not learn that Mr. Tirado had been struck by his bullet and killed until the early morning of October 22, 2007, when he was watching the news.  At around 1:00 a.m., nearly 19 hours after the shooting, he walked to the nearest avenue with the intention of hailing a cab and driving to the precinct to report what had happened.  On the avenue, he spotted a police sergeant in a patrol car.  He flagged down the sergeant, reported what had happened, and turned his firearm over to the sergeant.

Mr. Morgenthau said, “I’m sure that most people would be shocked to learn that it is not a crime for a police officer to leave the scene of a shooting without reporting it as soon as practicable.  I share their outrage.  But, that is the law.  As a result of this case, we will be submitting legislation to change that.”

Leaving the scene of a shooting is not a violation of the New York State Penal Law, but may be a violation of the New York City Police Department’s Patrol Guide.  As a result, P.O. Sawyer will face administrative review by the New York City Police Department and faces sanctions ranging from suspension to dismissal from the force. 

            P.O. Sawyer was assigned to the Queens Narcotics Bureau and he is currently suspended with pay.

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