DISTRICT ATTORNEY - NEW YORK COUNTY

NEWS RELEASE
August 13, 2009

Contact: Alicia Maxey Greene
212-335-9400

Manhattan District Attorney Robert M. Morgenthau announced today that a New York County Grand Jury has voted no affirmative action against Police Officer Andrew Dunton in connection with an on-duty shooting on May 28, 2009, in which Police Officer Omar Edwards was killed. The Grand Jury heard testimony from 20 police, medical and civilian witnesses in addition to examining 68 documents introduced into evidence.

The investigation revealed that on Thursday, May 28, 2009, Officer Edwards, a police officer for 22 months, was assigned to Public Service Area (PSA) #5 of the Housing Division of the New York City Police Department (NYPD). At about 10:20 p.m. the officer finished his shift and walked to his car, which was parked on the east side of Second Avenue just off the corner of 124th Street. Officer Edwards was dressed in street clothes - a white long-sleeved sweatshirt and jeans. He was carrying his police-issued firearm, a silver Smith and Wesson semi-automatic, but apparently did not have his off-duty holster with him. The officer’s police shield was inside his left front pants pocket and was not visible.

As Officer Edwards approached his car, he saw that the driver’s side window was broken and that Miguel Goitia was leaning inside, rifling through items on the front seat. Officer Edwards drew his gun and grabbed Goitia’s shoulder with his left hand. A struggle ensued, and Goitia managed to wriggle free of his jacket and run. His black jersey was recovered next to Officer Edward’s car later that night by the Crime Scene Unit. Goitia fled north on Second Avenue and then east on 125th Street, with Officer Edwards in pursuit. As the officer ran along the south sidewalk of 125th Street he held his gun in his right hand. Civilian witnesses on the west side of Second Avenue saw the gun, but none was aware that Officer Edwards was a police officer.

Meanwhile, an unmarked four-door Chevrolet Impala belonging to the 25th Precinct Anti-Crime Unit turned west onto 125th Street from First Avenue. In the car were three members of the Anti-Crime Unit, working in plainclothes. The driver was Officer John Mussante, who had been on the force for five and one-half years. Next to him was Officer Andrew Dunton, who had been an officer for four and one-half years. In the rear seat was the team’s supervisor, Sgt. John Anzelino, a member of the NYPD for almost thirteen years. Officer Dunton and Sgt. Anzelino each had his shield on a lanyard around his neck, visible over his clothing. Officer Mussante also had his shield hanging from his neck, but it was not visible. All three were wearing the “color of the day” wristbands that officers must wear when they are working out of uniform.

As the Impala turned onto 125th Street, one of the officers shouted out, “Hey, why are these two guys running.” All three officers then took notice of the two men running toward them down the 125th Street sidewalk, one chasing the other. There is a bus stop on the southwest corner of First Avenue and 125th Street, but there was no bus in the vicinity and Officer Dunton concluded that the men were not running to catch a bus. The two men turned to run across 125th Street on a diagonal, and all three officers noticed that the man in the rear had a silver gun in his right hand. They verbally confirmed to each other that he had a gun, and Officer Mussante pulled the car over on a 45-degree angle.

As their vehicle slowed, Officer Dunton removed his firearm, a Glock semi-automatic, from his holster. He got out of the still slowly-moving car and took cover behind the front passenger door. Officer Dunton yelled loudly: “Police, don’t move, drop the gun, drop the gun.” At that same moment, Sgt. Anzelino and Officer Mussante began to exit the car. In his haste to exit the vehicle, Officer Mussante had not placed the shift fully in “Park” and the car continued to roll forward. This caused Sgt. Anzelino momentarily to lose his footing, as his left foot was not completely free of the car. He almost fell to the ground but regained his balance. Officer Mussante meanwhile quickly got back into the driver’s seat and put the car securely in “Park.”

After Officer Dunton yelling “Police, don’t move, drop the gun, drop the gun,” Miguel Goitia stopped for a moment on the north sidewalk, but then resumed his course past the officers and toward First Avenue. Officer Edwards was six or eight feet from the north sidewalk and about fifteen feet in front of the Anti-Crime car. He slowed, but did not come to a complete stop. In response to Officer Dunton’s commands he turned his body toward the Anti-Crime officers, making eye contact with Officer Dunton and pointing his gun at him.

Officer Dunton fired six shots in very rapid succession, in two bursts that lasted a few seconds at most. As he was firing, he saw Officer Edwards turn his left side toward the Impala, turn again, and fall face-down to the ground. According to a civilian witness, Officer Edwards rolled over on the ground before coming to rest on his back.

Both Officer Dunton and Sgt. Anzelino immediately made transmissions over their police radios indicating “shots fired,” giving their location and requesting an ambulance. Those two officers then approached Officer Edwards with their guns drawn, observing that the silver gun he had pointed at them was now a few feet from him, on the pavement. Sgt. Anzelino told Officer Dunton to “cuff this guy,” but Officer Dunton was in shock and managed to secure only one wrist. Officer Michael Rauch, of PSA #5, had by then arrived at the scene and finished the handcuffing.

Sgt. Anzelino and Officer Mussante next ran down 125th Street toward First Avenue and were able to apprehend Miguel Goita. As he was handcuffed by Officer Mussante he told the two officers, “I didn’t do nothing, that guy tried to kill me.” He was brought back to the Impala. By this time, numerous police officers had arrived at the scene.

One of the first police units to arrive was Emergency Service Unit Truck 01 with Detective Melvin Maurice and his partner Detective Eric Behrendt. All ESU personnel are trained Emergency Medical Technicians. The detectives immediately began to render medical assistance to Officer Edwards. Detective Behrendt felt a faint pulse but could not detect breathing. When he cut open the white sweatshirt he noticed that Officer Edwards was wearing a Police Academy T-shirt with his name on it. Detective Behrendt immediately searched Officer Edwards and discovered his police shield in his pocket. Detective Behrendt showed the shield to Detective Maurice and they notified a police supervisor: “He’s a police officer. We need a bus forthwith.” The detectives had already begun to perform CPR. A Fire Department ambulance arrived and Officer Edwards was taken to Harlem Hospital. He died there at 11:20 p.m.

Dr. Jason Graham performed the autopsy on May 29, 2009. He found evidence of three gunshot wounds on the body and that Officer Edwards died as a result of a wound of the chest that had penetrated through the left mid-back. There was also a perforating gunshot wound on the left forearm and a penetrating wound of the left flank.

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