Avila 1
Pablo C. Avila
HUP102.1430
Prof. Molly McCloy
27 May 2008
Sean Bell Research Project
I. What is the Sean Bell case?
1. The Sean Bell case took place in November 2006. Sean Bell, an African-American who was
going to marry the next day, was partying in the Club “Kalua” along with his friends in
Jamaica Queens when, in a fight, was shot along with his friends and died. The Police
officers were undercover in the club pretending to investigate a case of prostitution and
drugs when the fight happened (Cardwell and Chan). The police officers reported they
thought Sean Bell’s group of friends had a gun and one of the undercover officers followed
them. Once confronted, the Police officers claim to have identified themselves as officers,
but Sean Bell’s friends denied it (Wilson). Finally, the officers fired 50 bullets that ended
with Sean Bell’s life and one of his friends. Later on that day, Rev. Al Sharpton, Sean Bell’s
friend, received the bad news and now he has become in one of the supporters who looks for
justice in this case. As he says, lamenting on Sean Bell’s case “the only time, unfortunately,
we’ve had urban unrest is around police encounters” (Mcgrath), this shooting shocked
everyone to the point of taking the Police officers to trial. This case in particular has brought
into debate the role of the police within the society as well as their tactics employed in cases
Avila 2
like this. Even Mayor Michael Bloomberg has called 50 shots by the police “unacceptable”
and “inexplicable” (Cardwell and Chan).
2. These are the facts that are in question.
a. Fact 1: Police Officers identity
Most witnesses, include Sean Bell’s friends, affirm that the Police officers never
identified themselves as officers. However, the Police officers claim that they did identify
themselves as officers as detective Isnora affirms, he drew his gun, shouting, “Police!
Don’t move!” as he approached Mr. Bell’s Nissan Altima (Wilson). I strongly believe
that they didn’t identify themselves because they were doing an undercover activity and
if they were officers undercover they shouldn’t have identified themselves. An
undercover officer is sent to a place to do a specific task and the nature of being
undercover responds to the fact that he does not have identify himself as so. I think this
issue is very relevant because even when the officer is acting undercover he does not
need to fire his arm unless he is being attacked. Besides, they themselves affirm that they
identify themselves as officers, something that, under their duty, they should have never
done because they were doing an undercover activity, so they are contradicting
themselves.
b. Fact 2: Number of bullets
According to Justice Cooperman, “it was reasonable for the detectives to fear that
someone in the crowd that night carried a gun” (Wilson). The number of shots, 50, seems
to respond to the fact that it was reasonable for the officers to think someone else had a
Avila 3
gun. According to the officers who were following Sean Bell, when he and his friends
confronted a strange, an officer overheard Joseph Guzman saying “Yo, go get my gun”
(A Fatal Shooting Police in Queens). This fact that whether or not Sean Bell himself of
any of his friends had a gun is very relevant because it would demonstrate that the
officers had some advantage over them. Also, during the investigation, it wasn’t proved
that Sean Bell or any of his friends would have had a gun and used it. Sean Bell’s group
confronted the officers by driving the car back and forth before the officers opened fire. It
is true what the Justice Cooperman says when pointing out that it was reasonable to think
that someone could have had a gun that night, but it is not reasonable to think that the
officers fired fifty bullets against a group of people who never fired back.
c. Fact 3: Officers’ reaction and tactics
Another important fact in question is why the officers reacted in that way. As Raymond
Kelly, Police Commissioner, states, “officers are not trained to shoot no more than three
bullets before pausing to reassess the situation . . . Department policy also largely
prohibits officers from firing at vehicles, even when they are being used as weapons”
(Cardwell and Chan). According to the investigation, and as stated in fact 2, the officers
fired fifty shots that ended the lives of more than one person and wounding a third one,
apparently because this group of people attacked them only by driving the car back and
forth because they felt trapped (See slide 6 in Fatal Police Shooting in Queens for a better
understanding of this fact). If, as Mr. Kelly says, officers are not allowed to fire vehicles
even when they are being used as weapons, why did they fire?.
Avila 4
3. What is the real issue of this case?
In my opinion, Police officers have too much power that, like in Sean Bell’s case, they abuse of
this power turning it into a violent act. Police officers act as judge when a person is violating a
right or committing a felony, in that case, the officer will arrest that person but in Mr. Bell’s
case, they had an assumption only. “There is no evidence that they were doing anything wrong”
says Mayor Bloomberg (Cardwell and Chan). The officers weren’t sure about what the crime
was. Tactics to be used in situations like this is a big issue in terms of Police officers’ duties. In
some other states, for instance, Police officers are allowed to ask a person about their
immigration status, and that gives them more power, which in some cases like in Sean Bell’s
case can get out of their control. If this control of power is not measured by proper tactics to be
used, it is going to turn into an abuse of power. We are going to have an insecure and unsafe
society where people will not feel protected. Moreover, people will not respect Police officers
and they will feel afraid of them. I want to analyze this problem, tactics, by giving some
solutions and offer a fair and right setting within the society where the police can do their job
respecting people’s rights.
4. What results should we be aiming for in this situation?
The police should act within the society by respecting people’s rights and without abusing of
their position as Police officers. The police should arrest a person when he or she is evidently
committing a felony. They should have the power to arrest people, but shouldn’t have the power
to go beyond the right to the life. The right to the life is a fundamental right of a human being
and shouldn’t be disrespected by anyone.
Avila 5
5. What are the alternatives?
Boundaries:
o A important boundary—limit—is the fact that we do need the police force within the
society, as the teacher mentioned in class, it is impossible to have a society without the
police force because we wouldn’t have any control over people who commit felony or
any other crime.
o Another boundary is the undercover activity Police officers do. They are necessary to
follow bands of drug dealers and put them in jail.
o A third boundary is the shooting that, at some point and circumstances, will be necessary
for the Police officers because they need to defend themselves from the attacks of a band.
o A final boundary I may mention is that, like in Sean Bell’s case, the Police will suspect of
a person in a situation like the one describe in this case. It is reasonable for the police to
suspect of person who probably has a gun and is walking out of a club where the Police
suspect there are drug dealers. This situation cannot be changed, but deal with.
Alternatives:
o An important alternative to improve the undercover activities of Police officers within the
society would be, as commissioner Kelly proposes, “to develop a community outreach
program that educates the public about the risks, challenges, and necessity of undercover
operations” (Press Release, 7).
o Another alternative would be that Police officers should be trained even more intensively
in terms of tactics to be used in this kind of undercover operations.
o Another alternative, would be, as commissioner Kelly proposes, to “require the
administration of a Breathalyzer test in all cases in which a member of the service is
Avila 6
involved in the firearms discharge incident, on duty or off duty, which results in injury or
death” (Press Release, 10). This alternative would be crucial so that we can determine
whether or not the Police officers, working undercover, were not drunk and acted
consciously.
6. What are the advantages and disadvantages for each alternative?
Alternative 1:
An important alternative to improve the
undercover activities of Police officers within
the society would be, as commissioner Kelly
proposes, “to develop a community outreach
program that educates the public about the
risks, challenges, and necessity of undercover
operations” (Press Release, 7).
Alternative 2:
Another alternative would be that Police
officers should be trained even more
intensively in terms of tactics to be used in this
kind of undercover operations.
Alternative 3:
Another alternative, would be, as
commissioner Kelly proposes, to “require the
administration of a Breathalyzer test in all
cases in which a member of the service is
involved in the firearms discharge incident, on
duty or off duty, which results in injury or
death” (Press Release, 10). This alternative
would be crucial so that we can determine
whether or not the Police officers, working
Disadvantage:
Not many people may be interested in this kind
of meeting with the Police so that they can be
informed about these duties.
Advantage:
For people involved in these meetings, this can
be a great change to keep in touch with the
Police and constantly demand for a fair
treatment.
Disadvantage:
This process would demand a big budget and it
would be hard to train officers even the ones
who have had all the trained, so far, required
and keep training them.
Advantage:
This can be a great chance for the officers to
learn new tactics and techniques to develop
their job in a better way and serve the
community.
Disadvantage:
Police officers may complain about this
because they are allowed to have a certain
number of drinks, however, they are not
allowed to have more drinks than permitted.
Advantage:
This can be very useful because I believe that a
certain number of drinks can have different
effects in different officers. This alternative
can determine whether or not the officers were
Avila 7
undercover, were not drunk and acted
consciously.
really conscious when they were doing their
job as undercover officers.
7. What is the solution?
I strongly believe that alternative two would the best to apply and avoid cases like the Sean Bell
case. Improper tactics have given Police officers too much power that they end up violating
people’s rights. As Rev. Herbert Daughtry affirms “we all agree that there is a pattern of police
abuse of power, and this abuse of power ranges from police killing to police brutal behavior to
disrespect” (Cardwell and Chan). This abuse, once again, is a result of the amount of power a
Police officer has. This, with a number of proper tactics to be used, can be diminished and give
the Police a better and more proper role within the society. As Eugene O’Donnell, a former
policeman and professor at John Jay College of Criminal Justice, states “officers need better
instruction in tactics, as well as more sensitive training” (Police Tactics: A deadly force). By
imparting better tactics to be used in situations like in Sean Bell’s case, people will be sure that
their rights are being respected and the police will be able to do a better job, relying in a clear
suspect with evidence and not attacking a person with little evidence like in Sean Bell’s case.
8. Which steps should be taken to act on this now?
1. First, the police should look for a plan applying the suggestions of Commissioner Kelly
to redirect the training offered to Police officers. Thus, Police officers’ duties, especially
undercover activities will be properly executed respecting people’s rights.
2. Second, the police should look for people’s cooperation, such as reporting any crimes or
felonies, so that we can have a consciousness within the society. This tactics should be
Avila 8
reinforced. Thus, we are going to have a closer relationship between the police and the
community.
3. Finally, I think it is important to make a constant evaluation so that cases like this are not
being processed and that the rules and tactics are constantly reminded to Police officers.
Also, a constant training should be offered to every Police officer.
Avila 9
Works Cited
“A Fatal Shooting Police in Queens.” The New York Times. 28 November 2006. Date of access:
15 May 2008.
<http://www.nytimes.com/2006/11/27/nyregion/20061129_SHOOTING_GRAPHIC.htm
l?_r=1&oref=slogin>
Cardwell, Diane and Chan, Sewell. “Mayor Calls 50 Shots by the Police ‘Unacceptable.’” 28
November 2006. The New York Times. 22 May 2008.
<http://www.nytimes.com/2006/11/28/nyregion/28shoot.html?scp=1&sq=Mayor+calls+5
0+shots+by+the+police+unacceptable&st=nyt>
Mcgrath, Ben. “Fifty Shots.” The New Yorker. 11 December 2006.
“Politics Tactics: A deadly force.” The Economist 3 May 2008: 42.
Press Release. “Commissioner Kelly Announces Undercover Panel Recommendations:
Mandatory Alcohol Testing In Shootings With Facilities Or Injuries.” 18 May 2007. New
York Police Department. Date of Access: 22 May 2008.
<http://home2.nyc.gov/html/nypd/html/pr/pr_2007_022.shtml>
Wilson, Michael. “Judge Acquits Detectives in 50-Shot Killing of Bell.” 26 April 2008. The
New York Times. 15 May 2008.
<http://www.nytimes.com/2008/04/26/nyregion/26bell.html?>