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NYTimes Reports:


Citing insufficient evidence, federal authorities said Tuesday that they would not bring a civil rights case against the New York City police officers involved in the killing of Sean Bell, a 23-year-old black man who was shot by the police outside a strip club in Queens on his wedding day.

The decision by the Justice Department came after prosecutors and federal agents reviewed the case, in which five police officers fired 50 shots into the Nissan Altima that Mr. Bell was driving. The car struck a detective in the leg and hit a police van just before the officers began firing their weapons.

Mr. Bell was killed and two passengers, Trent Benefield and Joseph Guzman, were wounded. None of the men had guns, although the police officers apparently believed at least one did.

In their review, officials from the Civil Rights Division of the Justice Department, the United States attorney’s office for the Eastern District of New York and the Federal Bureau of Investigation did not find enough evidence to prove that the officers had willfully acted to deny the men their constitutional rights, according to a statement from the Justice Department.

“Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a federal criminal civil rights violation,” the statement said.

Any disciplinary action now lies with the Police Department, whose critics saw the shooting as an indictment of police training and the department’s use of deadly force.

The department can now pursue an administrative review of the case and the officers involved. Seven officers, including four of the five who shot at the car, have been internally charged with breaking departmental rules.

Of the five who opened fire — Detectives Gescard F. Isnora, Michael Oliver, Marc Cooper and Paul Headley and Officer Michael Carey — all but Detective Headley remain on desk duty, with no gun and shield, said Paul J. Browne, the department’s chief spokesman. Lt. Gary Napoli, the supervising officer that night, is also on desk duty, he said, facing internal charges of failing to supervise the operation.

Two other officers, Detective Robert Knapp and Sgt. Hugh McNeil of the Crime Scene Unit, were also charged internally, the detective with failing to thoroughly process the crime scene and the sergeant with failing to ensure that thorough processing was done.

If internal charges are substantiated, some of the officers could be fired. Mr. Browne said that the police commissioner, Raymond W. Kelly, would not comment on the matter because “he is the final arbiter” of any punishment.

Detectives Isnora, Oliver and Cooper were acquitted by a Queens judge in April 2008 of criminal charges. The two other officers who opened fire were not charged criminally.

On Tuesday, federal officials met with Mr. Bell’s family; his fiancée, Nicole Paultre Bell; and others to tell them of their decision. Later, many in the Bell family and their supporters expressed disappointment in a news conference at the headquarters of the Rev. Al Sharpton’s National Action Network.

Ms. Paultre Bell said she hoped to get the attention of the White House. “There is a history of black men being killed by police officers, and something needs to be done,” she said. “We’re hoping to eventually meet with President Obama, and that he’ll do something, because this is a national problem.”

Michael Hardy, a lawyer for Ms. Paultre Bell and for Mr. Benefield and Mr. Guzman, read a statement from Mr. Sharpton, who has been a spokesman for the Bell family.

Using a cane and wearing a boot on his right foot, Mr. Guzman called Mr. Bell “the people’s champ” and asserted that police violence was disproportionately affecting urban communities and black and Latino men.

Lawyers for the officers involved expressed support for the government’s position.

Paul P. Martin, a lawyer for Detective Cooper, said he was not surprised by it. “There’s no basis for them to bring a federal proceeding,” Mr. Martin said.

Anthony L. Ricco, the lawyer for Detective Isnora, who was struck by Mr. Bell’s car and who fired the first shot, said he spoke with his client, who was “very relieved.”

The lawyer added that Detective Isnora was hopeful he would be cleared of internal charges and that he hoped to attend law school.

Detective Oliver, who fired 31 shots, was told of the decision by his lawyer, James J. Culleton. “I called him, and he was very relieved and very happy,” Mr. Culleton said. “It took a long time for this decision to come down.”

Michael J. Palladino, the president of the Detectives Endowment Association, said he was “gratified” with the government’s decision.

Mr. Benefield, Mr. Guzman and the family of Mr. Bell still intend to move ahead with a civil lawsuit. Mr. Sharpton said he hoped that a civil case, as well as possible departmental charges, would “bring some justice” to Mr. Bell’s family and his wounded friends.

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