NYPD officer who killed black man should not go to prison: Brooklyn DA

Updated: 2016-03-24 22:20

(Agencies)

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Peter Liang, the former New York City police officer found guilty of manslaughter in the fatal shooting of an unarmed black man, should not go to prison, the lead prosecutor in the case has recommended.

Brooklyn District Attorney Kenneth Thompson suggested on Wednesday that Liang should serve community service and house arrest instead of jail time.

Liang, 28, is scheduled to be sentenced by Brooklyn Supreme Court Justice Danny Chun on April 14. He faces up to 15 years in prison.

Thompson's recommendation for Liang's potential punishment was made public on Wednesday in a letter he sent to the judge presiding over the matter. Thompson said that Liang is not a danger to the public, thus jail time would be unwarranted.

"Because the incarceration of the defendant is not necessary to protect the public, and because of the unique circumstances of this case, the People do not believe that a prison sentence is warranted," Thompson wrote in a letter to Supreme Court Justice Danny Chun.

Thompson said that Liang, who is Chinese American and the first New York police officer convicted of an on-duty death since 2005, acted recklessly when he went into a Brooklyn housing project and fired a shot that ricocheted off the darkened stairwell walls before killing Akai Gurley several floors below in November 2014.

"Peter Liang was indicted, prosecuted and subsequently convicted by a jury because his reckless actions caused an innocent man to lose his life," Thompson said . "There is no evidence, however, that he intended to kill or injure Akai Gurley. When Mr. Liang went into that building that night, he did so as part of his job and to keep the people of Brooklyn and our city safe."

Liang, 28, is scheduled to be sentenced by Brooklyn Supreme Court Justice Danny Chun on April 14. He faces up to 15 years in prison.

Thompson said in comments also filed as a recommendation with the court that Liang should receive five years of probation on condition that he serves six months of home confinement with an electronic monitor. He also recommended that Liang perform 500 hours of community service.

Gurley's relatives expressed outrage over Thompson's recommendation, saying it "sends the message that police officers who kill people should not face serious consequences."

The shooting sparked protests similar to those over police shootings of other unarmed black men in Maryland, Missouri and other states.

Chinese Americans also held rallies in major cities on Feb 20 protesting Liang's conviction, expressing concern that he was a scapegoat. About 10,000 people demonstrated in support of Liang in New York City, and several hundred demonstrators gathered in downtown Los Angeles, with some holding signs that said "Save Peter Liang," "Accident not crime" and "All lives matter."

"Although we disagree with Mr. Thompson on the fundamental issue of Peter's culpability, he deserves praise for his dispassionate and courageous decision that incarceration is not called for in this case," Liang's attorneys Pauld Shechtman and Gabriel Chin said in a statement.

Liang, who was on the police force less than a year, was convicted of manslaughter in the Nov 20, 2014, shooting of 28-year-old Gurley, which occurred in a darkened, Brooklyn public housing stairwell he was patrolling.

A jury found Liang responsible for firing a bullet that ricocheted off a wall and killed Gurley, who was walking one floor below. Liang testified that he was startled by a noise, which caused him to accidentally fire his gun.

Although prosecutors argued that it was not an accident, Thompson said the case was about justice, not about revenge. "As I have said before, there are no winners here," said Thompson. "But the sentence that I have requested is just and fair under the circumstances of this case."

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