Akai Gurley's Family Prepares Civil Suit Against Ex-Cop Peter Liang, City of New York

The scene outside Brooklyn federal court Tuesday, following the sentencing of Peter Liang. Photos by John V. Santore

DOWNTOWN BROOKLYN, NY — The mother of Akai Gurley's daughter is moving ahead with a civil lawsuit against former NYPD officer Peter Liang and the City of New York, her attorney confirmed Tuesday.

In February, Liang was convicted of manslaughter for fatally shooting Gurley in a Pink Houses stairwell in November, 2014.

Private attorney Scott Rynecki will be representing both Gurley's child, Akaila, and the child's mother, Kimberly Ballinger, in court.

The suit's discovery process is already underway, Rynecki told Patch, with depositions scheduled between June and September.

The attorney said he did not yet know how much the plaintiffs will ask for in damages.

Scott Rynecki, left, with Kimberly Ballinger

Liang was sentenced Tuesday by Brooklyn Supreme Court Judge Danny Chun to five years probation and 800 hours of community service.

Chun also reduced Liang's manslaughter conviction to criminally negligent homicide.

In a statement, the Brooklyn District Attorney's Office said it will appeal that decision.

Further complicating things, Liang may still appeal his conviction, according to his attorney, Paul Shechtman — although the lawyer said that move remains under discussion.

"There's still a question about the sufficiency of the evidence," Shechtman said, explaining the possible grounds for an appeal. He said"juror misconduct could also be a focus for Liang's possible appeal.

(Earlier this month, before Liang's sentencing, his legal team moved for a mistrial by alleging that a juror, Michael Vargas, had lied about his past. However, the judge threw out that motion last week.)

Asked about Liang's reaction to his sentencing, Shechtman said: "I think there's a sense of relief, but no joy."

During the highly publicized trial, Liang argued he didn't know Gurley was in the stairwell on the night he shot him, and that he fired his gun accidentally.

The discharged bullet allegedly bounced off a wall and struck the victim in the chest.

“The jury clearly rejected the defendant's testimony that the gun just went off," Justice Chun said, explaining his decision. "Obviously, a gun is not an instrument that just goes off by itself."

However, Chun said prosecutors failed to meet the legal standard for manslaughter: that Liang "created a substantial and unjustifiable risk that a death would occur, but on top of that, that the defendant was aware of and consciously disregarded that risk."

Instead, Liang's actions leading up to the shooting showed only that he failed "to perceive an unjustifiable risk," Chun said, making him guilty of negligent homicide.

When Liang entered the Pink Houses, "shooting that gun and killing somebody was probably the last thing in his mind," the judge concluded. "This was not an intentional act. This was an act of criminal negligence. As such, I find that incarceration is not necessary.”

Outside the court Tuesday, the mother of Gurley's child, Kimberly Ballinger, described the sentence as "unacceptable."

"I never expected this to happen," she said. "What made the charges be reduced? It's just ridiculous."

On the street, competing groups of protesters voiced support for both the cop and the shooting victim.

"We want equal justice," said Flushing, Queens, resident Joseph Lin, one of dozens of Chinese-American New Yorkers who gathered to argue that Liang's conviction was unfair. "We think we're being scapegoated."

Gurley's shooting was a "pure accident," Lin said. Other protesters held signs that read "Political Prosecution" and "One Tragedy, Two Victims."

"There's a lot of anger that many blacks [have been] killed by police," Lin said when asked why he thought the DA brought charges against Liang.

On the opposite side of Jay Street, a vocal group of protesters organized by the Justice for Akai Gurley Coalition expressed outrage at Liang's sentence.

"The fact that killing one of our community members results in 5 years probation and 800 hours of community service is disgusting," said Harlem resident Daniel Majesty Sanchez, his voice cracking with emotion.

Just then, Sanchez noticed a nearby police officer, whom he believed was smiling at his remarks. Sanchez began yelling at the officer, while the crowd chanted at the cops on scene: "They think it's a game, they think it's a joke!"

"The only good cop is a cop that does the right thing," Sanchez said.

"Growing up black [and] female, it's very hard," said 15-year-old protester Imani Ecclesiastes, from Brownsville. "Every day, a black child is dying. If [Liang] was a different race, it would be a different [sentence]."

Flatbush resident Fred Ginyard, 31, said it made no difference to him that Liang hadn't intended to kill Gurley.

"That could have been me," Ginyard said, referring to the victim. Liang's sentence, Ginyard said, showed that "my life is not worth much. I find that unacceptable. Another person who did not have a badge on his chest [would] be in jail for 15 years."

Pictured: Flatbush protester Fred Ginyard

Prior to Liang's sentencing, Melissa Butler, Gurley's girlfriend at the time of his death, addressed the court.

Butler was with Gurley in the Pink Houses stairwell when he was shot by Liang, and tried to administer CPR to him while the officer and his partner, Shuan Landau, looked on.

“When you stole Akai's life, you stole mine as well," she said, speaking to Liang. “You took a piece of my heart. Akai took his last breath and died in my hands. I need justice for Akai right here, right now."

Melissa Butler covered her face as she left the court on Tuesday

Kimberly Ballinger also spoke. "Because of the reckless actions of Peter Liang, my daughter is without her dad," she said.

"I'm without my partner," she continued. "A mom is without her son. Every day, Akaila asks why was her dad killed by a police officer. What did he do?"

But Assistant DA Joseph Alexis, whose office had asked Chun not to send Liang to prison, offered support for the former officer.

"Although Peter Liang made a terrible mistake that night, his life is still redeemable," Alexis said.

The assistant DA said he didn't think the court should make an example out of the former cop.

“Peter Liang can't be punished for the actions and sins of others who weren't held accountable," Alexis said. "This simply is not a case of police brutality.”

Shechtman, Liang's attorney, said: “I believe that what occurred here was a tragic accident and not a crime. No one can fairly view Peter Liang as an evil person. No one can responsibly compare him to the police officers who have shown so little respect for the rights and lives of average citizens."

“I ask you to give Peter Liang an opportunity to rebuild his life," Schechtman said. "I have never said words to a judge in which I am more confident: his will be an honorable life."

Pictured: Peter Liang's attorney, Paul Shechtman

The defendant himself spoke to the court as well.

"From an early age, I wanted to be a police officer," Liang said. "My parents thought it was a foolish dream. Why put your life at risk?”

But the ex-cop said that the day he graduated from the NYPD's police academy, "it was a dream come true.”

“I've always treated people fairly and with respect,” he continued. Liang described Gurley's death as "devastating."

“I apologize to Ms. Butler and to Akai Gurley's family," he said, nodding solemnly in their direction.

As Chun announced the sentence, Melissa Butler held a tissue over her mouth and wept.