NYPD Sergeant Acquitted In Killing Of Bronx Woman

THE BRONX, NY — A judge on Thursday found an NYPD sergeant not guilty of all charges stemming from the 2016 killing of a mentally ill Bronx woman.

Judge Robert Neary acquitted Sgt. Hugh Barry of the murder, manslaughter and criminally negligent homicide charges prosecutors brought after his Oct. 18, 2016 shooting of Deborah Danner after a three-week bench trial.

"The prosecution’s evidence has failed to meet (its) burden of proof," Neary said in court Thursday, according to the New York Daily News.

Barry went to Danner's apartment that evening after a 911 call reported a mentally disturbed person there. Barry convinced Danner, 66, to drop a pair of scissors she was holding, but shot her twice in the chest after the encounter escalated.

Prosecutors argued Barry failed to follow his training and didn't try to contain Danner, while the sergeant's defense lawyers said the government was making a crime out of a cop's snap judgment, CBS New York reported.

Barry reportedly said he thought she was going to attack him with a baseball bat she was holding, but admitted he didn't follow NYPD procedures for handling people with mental illness.

"I just see the bat swinging and that’s when I fired," Barry said on the stand Tuesday, according to The New York Times. "I’m looking at this bat that can crack me in the head and kill me."

Barry's acquittal came despite NYPD Commissioner James O'Neill admitting the shooting was "not what was supposed to happen."

In a statement, Bronx District Attorney Darcel Clark said she was "disappointed" by the verdict but said Danner's killing exposed "larger issues" relating to how police deal with mentally ill people.

"There must be serious reforms to improve access to treatment so the situation does not rise to a crisis," Clark said in the statement. "Mental health professionals should be part of the response to emotionally disturbed persons."

The police union representing Barry praised Neary's verdict while lambasting O'Neill, Clark and Mayor Bill de Blasio for blaming Barry and bringing criminal charges against him.

"So many people were failed in this case," Ed Mullins, president of the NYPD Sergeants Benevolent Association, said in a statement. "The police commissioner and the mayor knew the basic facts on the night of the incident, yet they had neither the courage nor the integrity to call this incident what it was for fear of public unrest."

Danner's death spurred efforts to give more NYPD cops crisis intervention training. About 6,300 cops had received the training as of October 2017, a year after the killing. The Police Department has said it trains 90 officers each week. Some advocates say at least 15,000 cops should be trained.

Danner wasn't alone — there have been nine fatal police encounters with emotionally disturbed people since June 2015, including five just since July 2017, said Carla Rabinowitz of Community Access, a mental-health advocacy group.

"This is a tragedy on all levels," Rabinowitz said. "This is a tragedy for the mental health community, for Deborah Danner, for her family and her friends. The tragedies are piling up."

(Lead image: Sgt. Hugh Barry appears in court in May 2017. Photo by Gregg Vigliotti/Associated Press)