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Updated: August 30, 2023, 2:59 PM

Video shows moment off-duty NYPD cop is shot during road-rage clash with man who tried to grab his gun

By Joe Marino, Larry Celona, Tina Moore and Amanda Woods

An off-duty NYPD cop was shot in the leg during a road rage-fueled clash with two brothers in Queens Wednesday afternoon, cops said — with videos obtained by The Post capturing the chaotic encounter, including the shocking moment the gunshot went off as the three men grappled on the ground.

The wild footage, taken by a witness to the broad-daylight fracas at Queens Boulevard and 70th Street in Elmhurst, one of the brothers taking off after the shot rings out, leaving the other straddling the officer as he lay on the pavement in the middle of the street.

The cop was driving a green car along Queens Boulevard around 12:50 p.m. when he pulled up to a white minivan that was blocking the roadway, according to NYPD Chief of Detectives Jeffrey Maddrey and police sources.  

The officer was able to get around the minivan and continued on his way until both drivers met up again, Maddrey said at a news briefing.

The two exchanged words again — at which point another person, identified as the driver’s brother — ran up behind the cop’s car and smashed the window, Maddrey said. 

“At that point, the off-duty [officer] exited his vehicle, identified himself as a police officer and drew his firearm on the two males and announced that the male was under arrest for breaking his window,” he told reporters.

“Get on the ground, bro! I’m a police officer,” another bystander video obtained by The Post captures the officer saying as he holds the brothers at gunpoint.

The off-duty cop can be heard on the phone calling for help as one of the men taunts him, “Wave the gun at me,” and the other repeats, “Shoot me! Shoot the f–king gun!” 

“You thought you was tough!” one of the brother yells. “I’m tougher than you. You tried to run me over!…That’s why I hit that s–t!”

Maddrey said that the cop re-holstered his weapon and tried to hold one of the suspects, waiting for uniformed officers to arrive, when the two “got into a struggle.”

During the tussle, the other man “comes from behind the officer, puts him in a chokehold and they start both fighting the officer,” Maddrey continued. “They’re both punching the officer. They’re beating on the officer. At one point, they push them up onto a [car]. They’re trying to unholster his weapon and take the weapon from him.”

At one point, one of the brothers can be heard warning his sibling to “leave him! He’s a cop!”

“I didn’t do nothing! I didn’t do s–t!” the other yells. “You’re not going to threaten me with a gun.”

The cop grabbed his gun while “trying to retain the weapon,” the chief said. 

Then all three went “down to the ground,” with the brothers “on top of our officer continuing to punch him and kick him, at which point a round is discharged from the [officer’s] weapon,” Maddrey said.

That’s when the footage shows one of the brothers running off. 

“The other male continues to fight with the officer and another round is discharged,” Maddrey said. “At this point the male is on top of our officer and our officer is lying motionless.”

One of the videos shows the moment cops arrive, as one of the men can be heard crying, “He shot my brother!” 

Both brothers — identified by law-enforcement sources as Edwin and Shawn Rivera – were taken into custody, with charges pending, police said. 

One was arrested at the scene, and the one who ran away was later busted at a local hospital, where he showed up with a gunshot wound to the hand, authorities said. 

It was not immediately clear whether someone fired the weapon or if it went off accidentally.

The officer, assigned to Brooklyn’s 81st Precinct, suffered a gunshot wound to the left thigh. He was taken to Elmhurst Hospital Center to be treated for non-life-threatening injuries, cops and sources said. 

“I had an opportunity to visit our officer,” Maddrey said. “He’s in good spirits.”

Edwin Rivera, 32 has four prior arrests, and Shawn, 27, has two, police said.

They were arrested together in late June of 2019 on felony assault charges, sources said. 

“We’re thankful that our brother is going to recover, but this incident highlights the dangerous environment on our streets, not just for police officers but for all New Yorkers,” Patrolmen’s Benevolent Association President Patrick Hendry said in a statement. 

“These two repeat offenders didn’t think twice about attacking a cop and trying to grab his gun. What will happen if our dysfunctional justice system spits them back out onto the streets again?”

Additional reporting by Tina Moore