NEW YORK (CBSNewYork) — One of the NYPD officers who was involved in the shooting that killed Amadu Diallo in the Bronx is getting a promotion.

Officer Kenneth Boss, 44, was set to get a bump-up to sergeant on Thursday, CBS2 reported.

Police told CBS2 that Boss passed the sergeants’ test –which is a civil service exam — and has no pending disciplinary issues.

In February 1999, Boss fired five of the 41 shots that killed the unarmed 24-year-old immigrant — who officers mistook for a rape suspect. Officers opened fire on Diallo as he reached for what they thought was a gun. He was reaching for his wallet.

Boss and the other officers were cleared of criminal charges.

He is the only one of the four officers still on the force; one retired and the other two became firefighters.

In 2006, Boss took a leave from the NYPD to serve in Iraq for seven months with the Marines. He earned a medal for exemplary service.

Boss’ service weapon was returned in October 2002. Then-police Commissioner Ray Kelly authorized the return of Boss’ gun even after the courts rejected Boss’ lawsuits to get it back.

More From CBS New York

Download Weather App
Bloomberg WCBS Tri-State Business Index

Watch & Listen LIVE