New York Daily News

January 7, 2011



 

Alleged cop shooter should slap city with suit for his own gun-battle wound, says lawyer

BY JOHN MARZULLI
DAILY NEWS STAFF WRITER

The lawyer for a teenager charged with shooting a cop says his client should sue the city because he was wounded, too.

Elijah Foster-Bey, 17, already caught one break - getting freed on $100,000 bail in a move that sparked NYPD outrage.

Now his lawyer says he's deserves some cash for the police bullet that struck his back during the confrontation.

"He certainly should be compensated for the injuries he sustained," defense lawyer Robert DiDio said yesterday.

DiDio is representing Elijah Foster-Bey in the criminal case, but plans to tell him he should file a lawsuit.

"Any citizen shot in the back should pursue these civil remedies," DiDio said in Brooklyn Supreme Court after a brief hearing.

Police union president Patrick Lynch fumed at the idea of a civil suit.

"The facts will show at trial that our officers attempted to stop a mutt armed with an illegal gun and that to avoid arrest he fled," he said.

"Unable to escape, he turned and fired on the pursuing officers nearly killing police officer Ricky Ramirez. This miscreant should never been let out on bail and to suggest that he sue the city is an outrage."

DiDio said Foster-Bey suffered permanent damage to his spleen and intestines and has a large scar on his chest from surgery.

He didn't mention the two months Ramirez spent in rehab after a bullet hit his femoral artery.

The cop - who could have died if a fellow officer did not use a tourniquet to stop the blood from gushing - is in rehab to regain full use of his leg.

DiDio claims that Foster-Bey was running away from plainclothes cops who did not identify themselves when he was shot in the back Oct. 17 in East New York.

In statements to detectives, Foster-Bey said he ran from police because he had a gun and dropped his weapon.

"The gun went off and he was shot by one of the cops," Foster-Bey said, according to court papers.

Police say Foster-Bey shot Ramirez three times during a gunbattle with cops in the stairwell of the Brooklyn building.

The NYPD was stunned when a judge let him go free on bail.

"Commissioner Kelly has said from the outset that (Foster-Bey) never should have been bailed after shooting and almost killing a police officer," NYPD spokesman Paul Browne said Friday.

"He walked while the officer was still hospitalized unable to walk."

jmarzulli@nydailynews.com