The Rationale Quest - Philosophy and Religion latent state challenged in global economic arena

The undercover officers and detectives involved had been deployed to Club Kahlua in Jamaica, Queens, because of the club’s history of lawlessness. Club patrons and neighbors had made dozens of calls to the NYPD, reporting guns, drug sales, and prostitution, and the police had recently made eight arrests there.

The night of November 24, undercover officer Gescard Isnora, who fired the first shots at Bell, had observed a man put a stripper’s hand on his belt to reassure her that he had a gun and would protect her from an aggressive customer. Outside the club, Isnora (who is African-American) and his colleagues witnessed a heated exchange between Bell’s entourage and an apparent pimp over the services of a prostitute, during which the pimp kept his hand inside his jacket, as if holding a gun. After the hooker refused to have sex with more than two of the group’s eight members, Bell—presumably referring to the pimp—said, “Let’s f[---] him up,” and Bell’s companion, Joseph Guzman, said, “Yo, get my gun, get my gun.” Isnora reported these exchanges over his cell phone to his colleagues in the area.

Feeling the danger level mounting, Isnora retrieved his gun from his unmarked car. When he returned to the scene, Bell and his two companions had gotten into their car, ready to drive away. Isnora thought that a drive-by shooting of the pimp could be imminent, and so moved to question the car’s occupants. He held out his badge (by his account), identified himself as a police officer, and told the car to stop. Instead, Bell drove forward and hit Isnora and a police minivan, backed up, and then slammed into the minivan again, nearly hitting Isnora a second time.

Isnora, who was standing on the passenger side of Bell’s car, claims that he saw Guzman reach for his waistband. Believing that he faced a deadly threat, Isnora opened fire. The four other undercovers and detectives at the scene also started shooting, killing Bell and wounding Guzman and Bell’s other companion in the car, Trent Benefield. No gun turned up in Bell’s car. (Benefield alleges that Isnora began shooting before the car started moving, which is absurd. The barrage of 50 bullets was so fast that no witness at the scene remembers hearing more than eight rounds fired off. Bell was undoubtedly killed as soon as the shooting started, and so wouldn’t have been able to move the car forward and back and forward again, as he did. None of the officers had ever used their guns before, moreover, despite making hundreds of arrests, including for gun possession. These were not trigger-happy cops.)

Without question, the results of this episode are horrific. And the tactics stank—Isnora should never have left himself as exposed as he was. But was the officers’ perception of a deadly threat so unreasonable as to make their shooting a criminal homicide? If a judge or jury finds that they did not reasonably believe that they faced an imminent use of deadly force, then, according to the woefully inappropriate criminal code, their actions fall within the literal definition of manslaughter.