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Family Of Innocent Bystander Killed In Crown Heights Shooting Crossfire Plans To Sue City

Police block off the crime scene at the 2011 West Indian Day Parade. (credit: CBS 2)

Police block off the crime scene at the 2011 West Indian Day Parade. (credit: CBS 2)

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NEW YORK (CBSNewYork) – The family of a woman who was killed in a shooting incident near the West Indian Day Parade is planning to sue the city.

Police say Denise Gay, 56, was caught in the crossfire between Leroy Webster and Randy Johnson. Gay was sitting on a stoop talking with her 20-year-old daughter when she was hit.

Officials say Webster shot and killed Johnson and then opened fire at responding officers.

Ballistics tests showed the bullet that killed Gay was not fired by the suspect.

Two officers were also wounded in the shooting. Police said bullet fragments hit Officer Omar Medina, 36, in the arm and chest and Officer Avichaim Dicken was grazed by a bullet.

Johnson later died from his injuries. Webster was taken to the hospital.

Witnesses said Webster lived two doors down from Gay.

The notice that was reportedly filed Thursday claims that it was officers who fired the “errant” bullet that killed Gay on Sept. 5.

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