Shooting of Amadou Diallo
|Time||12:40 AM EST|
|Date||February 4, 1999|
New York City
|Verdict||All not guilty|
|Litigation||Lawsuit filed against city and officers for $61 million, settled for $3 million
Daniels, et al. v. the City of New York (class-action lawsuit)
The Shooting of Amadou Diallo occurred on February 4, 1999, when Amadou Diallo, a 23-year-old immigrant from Guinea, was shot and killed by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss, who fired a combined total of 41 shots, 19 of which struck Diallo, outside his apartment at 1157 Wheeler Avenue in the Soundview section of The Bronx. The four were part of the now-defunct Street Crimes Unit. All four officers were charged with second-degree murder and acquitted at trial in Albany, New York.
Diallo was unarmed at the time of the shooting, and a firestorm of controversy erupted subsequent to the event as the circumstances of the shooting prompted outrage both within and outside New York City. Issues such as police brutality, racial profiling, and contagious shooting were central to the ensuing controversy.
One of four children of Saikou and Kadiatou Diallo, Amadou's family is part of an old Fulbe trading family in Guinea. He was born in Sinoe County, Liberia, while his father was working there, and grew up following his family to Togo, Bangkok, and Singapore, attending schools in Thailand, and later in Guinea and London, including Microsoft's Asian Institute. In September 1996, he came to New York City where other family members had immigrated. He and a cousin started a business. He had reportedly come to New York City to study but had not enrolled in any school. According to his family's lawyer, Kyle B. Watters, he sought to remain in the United States by filing an application for political asylum under false pretenses, saying that he was from Mauritania and that his parents had been killed in fighting to buttress his claim that he had credible fear of going back to his country. He sold videotapes, gloves and socks from the sidewalk along 14th Street during the day and studied in the evenings.
Events surrounding death
In the early morning of February 4, 1999, Diallo was standing near his building after returning from a meal. At about 12:40 a.m., police officers Edward McMellon, Sean Carroll, Kenneth Boss and Richard Murphy, who were all in street clothes, passed by in a Ford Taurus. Observing that Diallo matched the description of a since-captured well-armed serial rapist involved in the rape or attempted rape of 29 victims, they approached him.
The officers claimed they loudly identified themselves as NYPD officers and that Diallo ran up the outside steps toward his apartment house doorway at their approach, ignoring their orders to stop and "show his hands". The porch lightbulb was out and Diallo was backlit by the inside vestibule light, showing only a silhouette. Diallo then reached into his jacket and withdrew his wallet. Seeing the suspect holding a small square object, Carroll yelled "Gun!" to alert his colleagues. Mistakenly believing Diallo had aimed a gun at them at close range, the officers opened fire on Diallo. During the shooting, lead officer McMellon tripped backward off the front stairs, causing the other officers to believe he had been shot. The four officers fired 41 shots, more than half of which went astray as Diallo was hit 19 times.
The post-shooting investigation found no weapons on Diallo's body; the item he had pulled out of his jacket was not a gun, but a rectangular black wallet. The internal NYPD investigation ruled the officers had acted within policy, based on what a reasonable police officer would have done in the same circumstances with the information they had. The Diallo shooting led to a review of police training policy and the use of full metal jacket (FMJ) bullets. On March 25, 1999, a Bronx grand jury indicted the four officers on charges of second-degree murder and reckless endangerment. All four officers' bail were set at $100,000. On December 16, an appellate court ordered a change of venue to Albany, New York, stating that pretrial publicity had made a fair trial in New York City impossible. On February 25, 2000, after two days of deliberation, a mixed-race jury in Albany acquitted the officers of all charges. Officer Kenneth Boss had been previously involved in an incident where an armed man was shot. A 22-year-old man, Patrick Bailey, died after Boss shot him on October 31, 1997. As of 2012, Boss is the only remaining officer working for the NYPD, performing duties such as making repairs at Floyd Bennett Field and participating in police drills and exercises. In October 2012, Commissioner Raymond W. Kelly restored Boss' ability to carry a firearm against the protests of Diallo's family.
On April 18, 2000, Diallo's mother, Kadiatou, and his stepfather, Sankarella Diallo, filed a US$61,000,000 ($20m plus $1m for each shot fired) lawsuit against the City of New York and the officers, charging gross negligence, wrongful death, racial profiling, and other violations of Diallo's civil rights. In March 2004, they accepted a US$3,000,000 settlement. The much lower final settlement was still reportedly one of the largest in the City of New York for a single man with no dependents under New York State's "wrongful death law", which limits damages to pecuniary loss by the deceased person's next of kin.
Anthony H. Gair, lead counsel for the Diallo family, argued that Federal common law should apply, pursuant to Section 1983 of the civil rights act. In April 2002, as a result of the killing of Diallo and other controversial actions, the Street Crime Unit was disbanded. In 2003, Diallo's mother, Kadiatou Diallo, published a memoir, My Heart Will Cross This Ocean: My Story, My Son, Amadou (ISBN 0-345-45600-9), with the help of author Craig Wolff. Diallo's death became an issue in the 2005 mayoral election in New York City. Bronx borough president, and mayoral candidate, Fernando Ferrer, who had protested the circumstances of the killing at the time, later told a meeting of police sergeants that although the shooting had certainly been a tragedy, there was subsequently a move to "over-indict" the officers involved, which led to criticism of Ferrer by the Diallo family and many others following the case.
The event spurred subsequent social psychology research. A number of experiments have conducted with both undergraduate volunteers and police officers playing a computer game where they must choose whether to shoot or not to shoot a target who may be white or black, on the basis of whether or not they are armed. Such studies find that participants made slower and less accurate decisions on whether to shoot an unarmed black target than an unarmed white target, and were quicker and more likely to correctly decide to shoot an armed black target than an armed white target. Both black and white participants respond in this manner. No correlations have been found between participant's indicated levels of racial bias, and their performance in the games.
Cultural references to Diallo
The Diallo shooting has been referenced in the music of  88 Keys; Bruce Springsteen's song "American Skin (41 Shots)"; the Ziggy Marley song "I Know You Don't Care About Me"; the Trivium song "Contempt Breeds Contamination"; The Spooks song "Things I've seen"; the song "What Would You do?" by Paris; the Blitz the Ambassador song "Uhuru"; the song "Diallo" by Wyclef Jean; and the song "Lament For The Late AD" by Terry Callier. Electro pop band Le Tigre, formed by Kathleen Hanna (formerly of Bikini Kill), lamented the Diallo shooting in their song "Bang! Bang!", which ends with a vocal chorus counting numbers that ends with 41, the number of shots fired. In his song "The other white meat", which deals with police brutality and racism, the New York rapper Immortal Technique tells the Police "I got 41 reasons to tell you to suck ..." and "Guns don't look like wallets". Clearly referencing the shooting and counting every bullet fired as a reason. It was also referenced in the song, "So You Wanna Be a Cop" by the Crack Rocksteady 7, in the lyric: "and after 41 shots, you're grinning in the donut shop". The piece "Amadou Diallo", included in the album Ethnic Stew and Brew by jazz trumpeter Roy Campbell, Jr., was inspired by the shooting, ending with a rapid burst of notes replicating the 41 gunshots. The incident also served as the basis for Erykah Badu's track from the Mama's Gun album, "A.D. 2000" (the abbreviation standing for Diallo's initials). Rather than singing a condemnation of the NYPD, as had most other artists who were incensed by the event, Badu chose to sing an elegy which, while noting the tragedy of Diallo's killing, also observes the furor over the circumstances, which she viewed as likely to be temporary:: "No you won't be name'n no buildings after me/To go down dilapidated ooh/No you won't be name'n no buildings after me/My name will be misstated, surely".
"I'll Draw You a Mapp", the May 11, 1999, episode of the television police drama NYPD Blue, features suspects making references to the Diallo case and the 41 shots.
In the 2002 film Phone Booth the caller tells Stu Shepard, "You know you can be shot 41 times for pulling out your wallet".
In the 2002 film 25th Hour during Monty's rant about New York, he says, "Fuck the corrupt cops with their anus-violating plungers and their 41 shots, standing behind a blue wall of silence. You betray our trust".
- Blink (book)
- Civil rights
- Police brutality
- List of killings by law enforcement officers in the United States
- Racial profiling
- American Skin (41 Shots)
- Sean Bell shooting incident
- Patrick Dorismond
- Johnny Gammage
- Rodney King
- Abner Louima
- Ousmane Zongo
- Jean Charles de Menezes
- BART Police shooting of Oscar Grant
- Death of Mark Duggan
- Trayvon Martin
- Shooting of Michael Brown
- Medaglia, Angelica. "Amadou Diallo". The New York Times. Retrieved 2011-03-28.
- Waldman, Amy (Marcy 17, 1999). "His Lawyer Says Diallo Lied on Request for Political Asylum". The New York Times. Retrieved 2011-03-28.
- New York Times (2 August 2000) Serial Rapist Gets 155 Years; Judge Suggests His Crimes Contributed to Diallo Shooting
- Fritsch, Jane (February 26, 2000). "THE DIALLO VERDICT: THE OVERVIEW; 4 OFFICERS IN DIALLO SHOOTING ARE ACQUITTED OF ALL CHARGES". The New York Times.
- Bob Kappstatter, Rafael A. Olmeda, Dave Goldiner (April 8, 1999). "Bronx Suspect Confesses To 5-year Rape Spree". Daily News.[dead link]
- Forero, Juan (August 2, 2000). "Serial Rapist Gets 155 Years; Judge Suggests His Crimes Contributed to Diallo Shooting". The New York Times.
- http://articles.latimes.com/1999/apr/01/news/mn-23328 New York Officers Charged With Murder, Associated Press, April 1, 1999
- Goodman, Amy; González, Juan (February 14, 2000). "One of Four Police Officers on Trial for the Murder of Amadou Diallo Killed Before". Democracy Now!
- Blau, Reuven; Hamilton, Brad (March 20, 2011). "Outcast cops still rake it in". New York Post.
- Ruderman, Wendy; Goodman, J. David (October 2, 2012). "Diallo's Mother Asks Why Officer Who Shot at Her Son Will Get Gun Back". The New York Times.
- Moses, Ray. "Opening Statements: The Amadou Diallo Killing". Center for Criminal Justice Advocacy. Retrieved December 11, 2012.
- Cardwell, Diane (March 18, 2005). "For Ferrer and the Police, a Shifting Relationship". The New York Times.
- Borgida Eugene; Fiske; Susan T. (2007). Beyond Common Sense: Psychological Science in the Courtroom. p. 7. ISBN 1-4051-4573-0.
- Lauryn Hills "I Find It Hard to Say (Rebel)"
- "Hip Hop For Respect EP", A Tree Never Grown, Verse 1
- Susman, Gary (April 23, 2003). "American Skin". Entertainment Weekly.
- Thompson, Ed (October 12, 2006). "Trivium - The Crusade: Trivium - The Crusade". IGN.
- Benson, Denise. "Terry Callier Alive". exclaim.ca. Retrieved July 14, 2013
- Nelson, Chris (April 2, 2001). "Springsteen, Public Enemy, Le Tigre Fire Back At Diallo Shooting". MTV. Retrieved July 14, 2013.
- rapgenius.com "Immortal Technique – The Other White Meat Lyrics". Retrieved July 18, 2013.
- Ethnic Stew and Brew Original Liner Notes by Tad Hendrickson