Statement by NYPD Commissioner Ray Kelly








At 7:32 p.m., a lieutenant and three police officers assigned to Transit District 34 were in plainclothes on patrol in two separate cars of a Manhattan-bound ‘N’ train here in Brooklyn. Officers Michael Levay and Lukasz Kozicki observed an individual moving from the second car to the third in violation of transit regulations.

As the train approached the Fort Hamilton Parkway station at 62nd Street, the subject sat down toward the front of the third car. The officers approached, and asked him for identification with the intention of removing him from the train as it came to a stop. The male stood up as if to comply with the officers, and appeared to reach for his wallet.





Paul Martinka



NYPD Commissioner Ray Kelly responds after three officers were injured Thursday.





Instead, he pulled a 9-millimeter Taurus handgun from his waistband and opened fire. Officer Kozicki, 32, was struck three times; once in each of his upper thighs and once in the groin.

A witness said that the gunman appeared to notice the officer’s bullet-resistant vest, and, as a result, aimed low before he fired.

Although shot in the lower back protected by his vest, Officer Levay, 27, returned fire, striking his assailant, killing him.

A passenger on the same car sustained a graze wound to the leg during the gun fight.

Fortunately no one else was injured, as passengers ran onto the platform when the gunfire erupted.

An hour earlier in the Bronx, as the Mayor said, at 6:30 p.m., Police Officer Juan Pichardo was working off-duty at his family’s car dealership when two men, one of them armed with a Bryco .380 handgun, entered the location. Two accomplices waited outside in a getaway car.

After the two feigned interest in buying a red Altima that was parked near the dealership office, one of them produced the gun and forced Officer Pichardo and a second dealership employee on to the floor in the small back office. They began to ransack the office, looking for cash and the safe, all the while brandishing the weapon in Officer Pichardo’s face.

A few minutes after the robbery, Officer Pichardo stood up and grabbed the gunman, who fired, striking the officer in the right thigh. Despite being wounded, Officer Pichardo and the other employee wrestled the gunman to the ground and disarmed him. The gunman’s accomplice fled with the two others in the getaway car, a white Impala with Oregon license plates.

Officer Pichardo held the gunman for responding officers, who recognized the gunman as a member of a Bronx robbery crew who they had been looking for. A short distance away, at 183rd Street and Katonah Avenue, police stopped the getaway car and its three occupants, placing them under arrest.

As both of these incidents illustrate, the historic crime reductions that New Yorkers enjoy come at a price. As the Mayor said, a dozen police officers were shot last year. And now three more, in the first three days of the new year. So thank God, that the doctors at Lutheran and Jacobi did their usual work, and all of these officers will recover.










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Statement by NYPD Commissioner Ray Kelly