A New York City subway rider who was accidentally shot in the head by police at a station has filed a legal claim against the city. The claim accuses the officers of displaying carelessness and reckless disregard for bystanders’ lives when they opened fire on a man holding a knife in front of a train.
The incident occurred when 49-year-old Gregory Delpeche was riding the L train to his job at a Brooklyn hospital. Delpeche suffered a brain injury from a bullet when the police opened fire on the man with the knife, Derell Mickles. Mickles, who had entered the station without paying and refused to drop his weapon, was pursued by the officers onto an elevated platform and briefly onto the train itself. Despite the officers demanding Mickles to surrender the knife and deploying Tasers that were ineffective, they ultimately opened fire.
Bodycam footage revealed that Mickles ran towards one of the officers on the platform, but stopped when they drew their firearms. It was during this moment that multiple shots were fired, injuring not only Delpeche and Mickles but also one of the officers and a 26-year-old bystander.
The legal claim filed by lawyer Nick Liakas seeks $80 million in compensation for Delpeche. The claim alleges that Delpeche was hit due to the officers’ “carelessness and reckless disregard of the lives, privileges, and rights of others.” Delpeche is currently suffering from cognitive deficits, including difficulty speaking and forming words, and remains hospitalized in a level-one trauma center.
Since the shooting on September 15, Delpeche has struggled to communicate, with limited words and delays. The city’s law department has declined to comment on the matter, while police officials have defended the officers’ actions. NYPD Chief of Patrol John Chell described the incident as a “tragic situation,” stating that they did their best to protect lives on the train.
Mickles has pleaded not guilty from his hospital bed to charges including attempted aggravated assault on a police officer, menacing an officer, weapons possession, and evading his subway fare. The legal proceedings continue as the involved parties seek to address the aftermath of the incident.