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Subscribe to RSSNew Jersey man claims police unnecessarily shot him in the back while he was face down on the pavement. WNBC's Marc Santia reports.
A New Jersey man alleges in a federal lawsuit that police shot him in the back, severing his spine, as he lay motionless on the street.
New Brunswick Police officials dispute Victor Rodriguez's account, and say he fired a realistic-seeming starter pistol toward bystanders.
Attorneys for Rodriguez, 19, say he was already shot by police and lying face-down in the street when a second officer shot him in the spine, leaving him confined to a wheelchair for the rest of his life.
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Newly released surveillance video captured a portion of the Jan. 31 shooting.
According to the lawsuit, Rodriguez was approached by a gang of men who demanded his shoes. Fearing for his life, the lawsuit says, Rodriguez ran across the street and retrieved a starter pistol from his cousin’s backpack and fired two shots into the air.
The crowd dispersed and Rodriguez fled the scene with the starter pistol.
According to the lawsuit, undercover officers were in the area watching.
As Rodriguez ran past the unmarked police car, the suit contends that the officer behind the wheel opened fire without warning, striking him in the legs.
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Rodriguez was motionless in the street when another officer came around back of the car seconds later and fired a shot into him, according to the lawsuit.
“You’ll then see his two legs reflexively move up and it was at that point we believe he lost the use of his legs,” Rodriguez’s attorney, Alan Zegas, said.
“Police have an obligation to follow the law, not violate it,” Zegas said.
Officials disputed the version of events described in the lawsuit.
Police Director Anthony A. Caputo said in a statement that Rodriguez's starter pistol was modeled after a Beretta handgun, and that he fired "the pistol in the direction of police and city residents."
Through a translator, Rodriguez’s mother, Alejandrina Rodriguez, said that “all I could think of is, hopefully God will give my son a chance to live to overcome this.”
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Leave a Comment:
You ran across the street to get your starter pistol to not have your shoes stolen? Why did you not keep running or get in the car and lock it? This is a macho mentality that got what you get in cases like this. Be lucky they did not blow your brains out.
Law enforcement not guilty, next case........
just because this guy tried to scare off his attackers rather than flee doesn't give the police the right to shoot him. bunch of cops who think a badge gives them the right to shoot first
The police saw him retrieve a gun and fire it in the air around a crowd of people. That most certainly does give the police the right to use deadly force.
As for his side of the story, I'd be interested to know if the second cop shot because Mr. Rodriguez pointed the gun at the police officer. (yes, I know it was a starter pistol, and you know it was a starter pistol, but the cop didn't know until they got it away from him)
Remember, this is just one side of the story. While it may have happened just as Mr. Rodriguez claims, we should wait to hear both sides before we pass judgement.
Seven what an idiot jerk off
Makes me wonder, so what enlighted thoughts do you have? Are you a no comment jerk off?
You fire a "gun" in the air and no Cop in the world is going to ask, hey, is that a "starter" pistol??? No, you get shot and if you live you should be thankful even though you don't deserve it. The idiot firing blanks in a crowd should get charges for that as well.
I watched the video and it clearly shows the cop firing into the face down prone and motionless body of Rodriguez. This cop just walked up behind Rodriguez, fired into him then just walked away.
I wonder what the defense will be? I have little doubt that this case will be settled out of court by throwing a lot of the taxpayers money at the victim. This happens quite frequently.
he was just standing his ground, right?
Trigger happy pigs!
Common since is going to be shoot to kill so they can't come & haunt society. The perp did the crime & is paying for it. End of story. OH no!! there is the greedy justice system factor.
makes me wonder, you are suspended for a day for violating rule # 1 of the Code of Honor.
The cops did everything right until they shot him a second time as he lay motionless on the ground.
MireVo3- I agree. Since when is it police procedure to shoot at someone fleeing or already on the ground? I would like to say that these are isolated incidents but the are happening more and more and in a larger variety of places. The only defense we have against this growing problem is video recordings. Many law enforcement agencies are fighting against recording police activities. Many more make it an unofficial policy. I wonder why?
Having attended Rutgers and having lived in the area for years I can tell you that this is nothing new for New Brunswick cops. They are completely corrupt. In some instances, the cops ran the drug trade in the city forcing people to work for them.
Is there crime in NB. Oh yeah, lots! But still cops have to follow rules. Has anyone every had a gun pulled on them by a cop for speeding, at least he said I was speeding. Don't try to fight the ticket either. They accidentally on pupose lose your paperwork so that warrant is issued. How about anyone ever get beaten up by a cop for sitting on your own car. I know two people, both cases happened in NB.
And while everyone here is stating the police were right to fire on the perp. Don't they atleast have to identify themselves first, at least, if the perp isn't pointing a gun at someone. Broke a55 New brunswick just got more broke. Cops here are part of the problem.
The campus police are helpful and polite, so don't make me out to be anti cop. I'm anti bad cop.
superaverageguy
just because this guy tried to scare off his attackers rather than flee doesn't give the police the right to shoot him. bunch of cops who think a badge gives them the right to shoot first
umm....do you even understand what you just wrote? A badge does give them the right to shoot. Yeah, it is so legal to shoot other people that you could have ran away from. That's just makes total sense, can't roll my eyes back far enough.
"Since when is it police procedure to shoot at someone fleeing or already on the ground?"
Since when is it not? Perp had a gun, was shooting it, by the way not in self-defense (this ain't florida you know), you bet if I was a cop I shoot with extreme prejudice.
No one can say who's guilty or iinnocent, inless one heard both sides. Remember there is 2 side to a coin, therefore 2 sides to a incidents(story). Please try to remeber that THEPUNISHER....!!!!!!
He got what he deserved. He used a gun in a crime and things didn't go his way. Now he wants to use an out of control tort system to hit the jackpot.
what he deserved what a jerk
Crime? What crime, you mean the one being commited by those attempting to steal his shoes?
JBAbbott
Get a clue dude, it is a crime to discharge firearm in city limits. He wasn't using it self-defense now was he. Sounds more like he was trying to show how small his balls are.
If true these pigs need to be put up against the wall and shot.
There is probably more to it then what MSNBC or NBCNEWS or whatever they're calling it now is reporting.
Something like the kid reaching for the fake gun after being on the ground, you know, in the part of the area that is hidden from the camera by the SUV.
Unlikely Sean, especially considering the casual demeanor of the police there. Like the first cop that fired first put his gun away after Rodriguez fell indicating no further threat, while the second cop just fired into his body then turned away. Watch the video.
I'm going to go out on a limb here and propose that NBC feels the same way towards law enforcement officers as it does conservatives--never run anything positive.
Cry harder!
America's 'rough and tough' social class love to shoot their guns. And cops are no exception.
Cops are recruited from the social ranks of blue-collar lower middle class. They are recruited for their muscle rather than brain. They are not known for being the "brightest light" of society. The combination of macho and authoritian mentality from their upbringing are recreate and reinforced within the police culture resulting in too many unnecessary shooting death and injury.
WallStFatCat- I'm still trying to figure out if you're a broker or an obese panhandler in the financial district. I would think a "fat cat" would be more macho and authoritative than a blue collar worker from the middle class.
Why does the mother need a translator? Judging by the crybaby son's age, she should be able to learn English easily. It's not as though she's 89 and being forced to learn a new language. Too bad she used the same laziness in raising her son.
Sure fat cat, we can throw flowers and sunshine at thugs, then read micro and macro economic books to them all day long. Just like this idiot that got shot, a gun is for self defense not to show off.
I don't know which side to take in this one... one the one hand, law enforcement is always guilty until proven otherwise, and even then I suspect bribery. On the other hand, this guy was an idiot, and idiots deserve whatever happens to them.
Guess I'll have to wait until we're either given more facts, or this story goes the way of the dodo.
I'm not sure what planet you live on that law enforcement is considered guilty until proven innocent. On my planet, law enforcement is treated with kid gloves - they are rarely, rarely charged with crimes, and if they are, it's only if there's extensive independent evidence of it, enough that they can't supress it all, and even then, the ones who turn out to have lied to try to cover it up are not charged with making false statements.
Any cop would have shot the idiot. That last shot, eh.......Sounds to me like a scene from "White men can't jump".
My point exactly. Guilty, until proven innocent. I didn't say they were court-guilty. But then the courts are seldom any better.
Who else is not buying this guy's story?
Anyone else see him move his legs at the end of the video? As he shifts, you can clearly see his legs move... i don't know much about paralysis, but how is that possible?
Its just a cash grab, I dont know if anyone is illegal or not but lawyer is a term they learn quick.
No one has determined if this guy was an ILLEGAL immigrant or not . If he is in the United States Illegally,we should put him on a bus back to his country of origin. If he is here legally, he needs to pay his own doctor and hospital bills. I am getting tired of paying these peoples bills.
When will you be tired of impotent whining on message boards?
you spend more money supporting a useless war in the middle east than you do on welfare in this country. how come you're not equally pissed about that?
I'm not buying the cops story... period ...wait I don't know the cops story...nevermind
Hate to say it, he is paralyzed over a pair of shoe. He won't be needing them anymore.
He still has feet....
...and now a pair of wheels. hopefully he won't get shot protecting his RIMS.
Well, after he sues he can get really nice ones and pay for bodyguards. The American dream still lives!
The cops will be cleared of wrongdoing, but Rodriguez will win in a civil suit
if he is illegal i would hope he get nothing he has a gun, he is running and he is here more than likely illegally if he need a translater.
No speaka egliss; sounds like another ILLEGAL trying to screw you and I out of tax dollars.
SHOOT HIM AGAIN................IN THE HEAD.
cops had ever right to shoot this guy. the first time.
in the back? ha - good luck defending that.
It seems like it was the thugs who shot him, and not the police. The story is wildly inconsistent. I dont know if thats the writers fault or if the story is just that bad. So he ran across the street, passing police cars, to get to safety from a group who was standing right next to him.
A similar thing happened locally…..
An officer witnessed a drug deal in front of a liquor store. Upon approaching the two teens, one of them ran. The officer gave a brief pursuit and claimed he seen the suspect reaching for his waistband, prompting him to shoot the guy in the back, killing him in the process.
Of course, an investigation soon followed. Surveillance video was acquired from the liquor store they were in front of as well as other area businesses. On one video, you see the cop pull up and the kid takes off running. The cop runs towards him about 10 feet, stops, pulls out his weapon and fires 3 times. The kid is out of frame at this point. From a different view, the kid can be seen as the cop fires. He did not reach for his waistband as stated by the officer. He was subsequently fired, prosecuted and now sits in prison.
Here’s what I can’t understand. It has become standard procedure to obtain all video where possible when the police are trying to catch a criminal. Why do they think this same evidence cannot be used to prove their own misdeeds? Do they not think about it? Do they believe themselves to be above the law and all the video in the world be damned? Hell, I don’t know.
This I do know…..video does not lie.
They shouldn't have ran, nothing says guilt as quite clear as running from law-enforcement.
Video may not lie but can be easily changed by cutting & adding, Editing is easy.
I can only comment on whats in the video....looks like the first officer shot him from behind and took him down. The second officer was over excited and shot very close to his partner (you can see his partner cringe and move away rapidly)...I would GUESS he shot by accident or just wanted to get a shot off at what he thought was a shooter with a gun.
If this man was fleeing thugs I really feel bad for him and he didnt deserve to get shot the second time. I understand what the police officers seen was what appeared to be a shooter fleeing and they acted correctly....the second shot should have never been fired. He shot so fast after comming arounf the car. If the suspect had reached for a gun the first officer had a much closer clearer view and would also have reacted that way. But he didnt...the man was down and not dangerous.
Sad.
Ah shucks, you know us so called blue collar workers so well. We were taught if you break the law be perpared for the law to bite back because the officers are out there putting their live on the line daily to try to keep the bad guys at bay, only problem is their fellow countrymen don't have their backs.
Oh and by the waythe "Blue Collar Class " are the who gives their lives to protect this country, pass, present & now the future because of the so call ruling class starting all the wars & protecting all the criminals.
For the people saying this kid is an illegal and deserved to be shot, you make me puke! For the people saying this kid's mother doesn't speak english and therefore he deserved to be shot, you make me want to puke, too. Cops are notorious for shooting first and asking questions later. They have this "my little kingdom" mentality and they are going to rule it with an iron fist. In that video, I saw a boy, lying face down in the street and a big bully bastard pig shooting him in the back when he was down. Just like the pigs that beat the pregnant woman, the pigs that raped the guy with a plunger, the pigs that tried to beat rodney king to death, etc. (the list goes on and on), they all make me want to puke, too. Of course, there will be no charges filed against the pig. There never are. On the rare occasion they actually DO file charges, some asinine jury will let them off because pigs are always above reproach right. Wait, what's up with Drew Peterson today? Anyone hear? Puke on your faces!!
Curious as to why the undercover cops just sat back and watched as he was first being assulted by a gang. Seems to me that their job to protect started way before Rodriguez went to get the starter pistol.
That is what I am stuck on, if the cops saw the whole scene unfolding why didn't they step in? Once he was shot and on the ground there was no need for the cop to shoot him in the back. No winners here, this guy is paralyzed and the city is going to rightfully pay. Why his cousin had a starters pistol and why he came back is hard to explain but in the heat of the moment adrenalin is flowing. The cops need more training.
You need to review the video, The officers were driving down the street and drove up on him shooting a gun, They were not watching him get robbed.
They did not see the robbery look at the video they were driving down the street and drove up on him shooting a gun.
let see his running, he is shooting a gun at car and people, and he needs a translator, can you say illegal? I did not see officer shoot him only him sayiing he did. Let see what the truth is and if he is illegal he needs to be deported and if the officer did do it then he need to be punished. But if illegal and the officer did it no money he is not here he is breaking the law and shooting a gun.
HUH?
This turd was a victim at the start but turned into a suspect by acting DUMB. Him and his family just looking for a payday like always.
Play stupid games, win stupid prizes...
Shoot first ask questions last.
So much for all the "pro-gun" crowd always preaching how an "armed citizen" can stop a crime!!! HA HA! All it does is get you shot and paralyzed! See how that works?