Detective's career now threatened by DUI related shooting

Sources say that a New York City detective, who was just weeks away from retirement, may now be forced to leave the force early due to his alleged involvement in the booze-fueled accidental shooting of a fellow officer. The 31-year veteran of the NYPD and his partner checked out of their job at the 75th Precinct in Brooklyn, New York, telling co-workers that they were going to conduct a robbery investigation in Far Rockaway, New York. According to both sources and prosecutors, somewhere along the way the pair visited a restaurant first. They then went to another location in Howard Beach, Queens, where liquor is sold. The duo left the second place sometime after 1:30 a.m. and that's when the accident occurred.

The detectives maintain that after they left the second establishment, the more senior detective got behind the wheel of their unmarked car and decided to show his partner, a 12-year veteran of the force, the hammer on his .38-caliber revolver. At some point, the gun discharged a bullet which then struck the junior detective in the wrist, breaking a bone. The senior detective then drove his injured partner to Jamaica Hospital where he underwent surgery to repair the damage to his arm.

According to the complaint, a police lieutenant arrived at the hospital sometime thereafter and noticed that the senior detective appeared intoxicated. Indeed, the man later underwent a roadside sobriety test. He supposedly had a blood-alcohol content of 0.113 at 3:15 a.m. That amount of alcohol is well above the legal driving limit of 0.08. Police charged the detective with drunk driving because he told them that he had driven his partner to the hospital.

This case seems very open-and-shut based on some of the facts, but after closer review, there may be some things that the defendant's attorney may want to challenge in court. For example, at least an hour and a half had transpired from the time that the defendant allegedly drove the car to the hospital and when the roadside sobriety test was administered to him. He might have consumed some alcohol while he was waiting for his friend to return from surgery, which would have altered his alcohol content reading. Anyone facing a similar case should seriously consider retaining a legal professional who is adept at identifying circumstances which may cast doubt on the prosecution's case.

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