NEW YORK (CBSNewYork) — A grand jury failed to indict a New York Police Department detective in connection with a fatal shooting of an unarmed Army reservist during a traffic stop on the Grand Central Parkway back in October, 2012.

The NYPD, however, said Hassan Hamdy has been charged with failure to employ proper tactics, which could result in his dismissal from the department if he is found guilty.

NYPD Deputy Chief Kim Y. Royster released a statement regarding the decision not to indict Hamdy, saying “The Queens District Attorney’s Office determined that this incident did not warrant prosecutorial action.   However, as in all firearms discharges, an internal review was conducted, and in this case it was determined that the officers should be served with departmental charges.”

Cecilia Reyes and her Lawyer Salford Rubenstein (Credit: Marla Diamond/WCBS 880)

Cecilia Reyes and her Lawyer Salford Rubenstein (Credit: Marla Diamond/WCBS 880)

The deputy chief said the charge was filed based on “an assessment of the event from a tactical and training perspective.”

As WCBS 880’s Marla Diamond reported, the mother of the 22-year-old victim, Noel Polanco, welcomed the development.

“I don’t want this officer out on the streets. I’ve always said it from day one. I just want justice for my son,” Cecilia Reyes said.

Reyes said she hopes Hamdy is found guilty and fired from the department, 1010 WINS’ Gary Baumgarten reported.

“If I could ask that they fire this police officer so that he doesn’t have to hurt anyone else, it would be justice that would be served,” she said.

Polanco was stopped by police on the Grand Central Parkway for allegedly driving erratically.

Hamdy said he fired his weapon when Polanco reached under the seat of his car.

The Polanco family’s attorney, however, said passengers in the car testified Polanco’s hands remained on the wheel.

“He was unarmed. Killed wrongly by this detective,” attorney Stanford Rubenstein said.

Deputy Chief Royster said an internal disciplinary process will now begin for Hamdy, but that the final decision regarding  penalties “will rest solely with the police commissioner.”

Check Out These Other Stories From




More From CBS New York

Download Weather App

Watch & Listen LIVE