NYC Subway Shooting: Bystander Files $80M Claim Against City

In a recent incident that has raised questions about public safety and police tactics, a Gregory Delpeche, a 49-year-old New York City subway passenger, has filed an $80 million legal claim against the city. The claim stems from an incident on September 15, 2024, where Delpeche was unintentionally shot in the head by police officers during a confrontation with a knife-wielding suspect at a subway station.

The New York City Subway, one of the world's oldest public transit systems, has been operating since 1904 and now boasts 472 stations. The incident occurred on the L train, which runs between Manhattan and Brooklyn, highlighting the challenges of maintaining safety in a system that carries over 5 million passengers on an average weekday.

According to the legal notice filed on October 3, 2024, by attorney Nick Liakas, Delpeche suffered a brain injury when he was struck by a bullet while en route to his job at a Brooklyn hospital. The claim accuses the officers of demonstrating "carelessness and reckless disregard of the lives, privileges, and rights of others."

The events unfolded when two police officers confronted Derell Mickles, who had entered the station without paying the fare. Fare evasion has been a persistent issue in NYC, costing millions annually. When Mickles, armed with a knife, refused to comply with orders to drop the weapon, the officers pursued him onto an elevated platform and briefly onto the train itself.

The officers attempted to use Tasers, which became widespread in law enforcement in the early 2000s, but these proved ineffective. Bodycam footage, a technology fully implemented by the NYPD in 2019, showed Mickles moving towards one of the officers on the platform before stopping as firearms were drawn. The officers opened fire while Mickles was stationary near an open train door, where several passengers were visible.

"This was a tragic situation. We did the best we could to protect our lives and the lives of people on that train."

The shooting resulted in multiple injuries, including Delpeche's brain injury, wounds to one of the officers, and injuries to another bystander, a 26-year-old woman. Brain injuries can have long-lasting effects on cognitive function and speech, which is evident in Delpeche's case. He is currently receiving care in a level-one trauma center, which provides the highest level of surgical care to trauma patients.

Liakas reported that Delpeche is experiencing "multiple cognitive deficits including deficits in his ability to speak and to form words" and remains hospitalized. Since the incident, Delpeche has only been able to communicate "in few words, but with difficulty and delay."

The NYPD, with over 36,000 officers making it the largest police force in the US, has defended the actions of the officers involved. However, this incident has reignited discussions about police use of force policies, which have been subject to scrutiny and reform efforts in recent years.

Mickles has pleaded not guilty to charges including attempted aggravated assault on a police officer, menacing an officer, weapons possession, and fare evasion. The legal process is ongoing, with the city's law department declining to comment on the case.

This incident underscores the complex challenges faced by law enforcement and transit authorities in ensuring public safety while minimizing risks to bystanders. As the case progresses, it may have implications for police training, particularly in de-escalation techniques, which have received increased focus in recent years.

The New York City Subway, having undergone major renovations on lines like the L train from 2019 to 2020, continues to grapple with safety concerns. This incident serves as a stark reminder of the ongoing efforts required to maintain security in one of the world's busiest public transportation systems.