Prosecutors plan to press criminal charges against a man shot by police during a chaotic scene inside a Brooklyn subway station on Sunday, according to a law enforcement source.
Derell Mickles could face charges of attempted assault and two counts of fare evasion, the source said.
What began as a stated attempt to enforce fare evasion at the Sutter Avenue L train station in Brownsville on Sunday ended in a bloody mess after police shot Mickles, two bystanders and a fellow police officer, according to NYPD officials.
The source said Mickles could be charged with two counts of fare evasion because he allegedly jumped the turnstile to enter the station, then circled back to exit the station and re-entered through the emergency exit. Two officers then followed Mickles up three flights of stairs to the subway platform, NYPD Chief of Department Jeffrey Maddrey said on Sunday.
Surveillance camera footage of the scene shows Mickles holding a knife as officers instructed him to drop it, according to the law enforcement source. Mickles verbally refused, and at one point threatened to kill the officers before challenging police to shoot him, Maddrey said.
Both officers tried to use a Taser on Mickles, but the attempts were “ineffective,” said Maddrey. Surveillance camera footage shows Mickles then “lunged” at one officer with a knife, according to the source, and that lunge is the reason for the attempted assault charge.
Both officers then shot at Mickles, striking him several times in the abdomen area, NYPD officials said. In the process, police also shot a 49-year-old man in the head, shot a fellow police officer in his chest, and grazed a 26-year-old woman.
The police officer, the woman and Mickles were in stable condition as of Tuesday afternoon, police said. The man officers shot in the head was still in critical condition.
Mickles likely won’t face charges of criminal possession of a weapon because the knife he had was legal to carry, according to the law enforcement source.
Mickles has been in custody at a Brooklyn hospital since Sunday afternoon. His mother, Gloria Holloway, told Gothamist that police had not let her into her son’s hospital room as of Monday afternoon because he was in custody. Holloway said police did not tell her why she wasn’t allowed in the room. They also did not initially contact her after shooting her son, she said, and a Gothamist reporter ended up giving her the news.
The NYPD hasn’t said how many times the officers fired their guns during the incident. David LaFauci, who witnessed the shooting, told Gothamist he heard "probably about eight [or] nine shots" that afternoon.
Police officials on Monday said they were searching for a man who allegedly removed Mickles’ knife from the scene of the shooting. The NYPD first said they recovered Mickles’ knife from the scene and published a photo of the knife captured by an officer's body-worn camera. Officials later told Gothamist the knife police recovered was not the knife Mickles had when officers shot him. It was a different knife that someone reportedly left on the train amid the chaos, according to NYPD Deputy Commissioner of Public Information Tarik Sheppard.
Elected officials on Tuesday began calling on the NYPD to release body-worn camera footage of the shooting.
City Council Majority Whip Selvena Brooks-Powers and Public Safety Committee Chair Yusef Salaam released a joint statement about how the shooting raised “serious questions about the NYPD officers’ use of force and safety strategy within the public transit system.”
“It is critical that such an incident on our subway system is not repeated or normalized,” the councilmembers said.
The Council’s Progressive Caucus also called for the NYPD to release body-worn camera footage of the shooting.
“No one should ever be shot over a $2.90 subway fare,” the statement said. “[Sunday's] shooting represents a serious failure in judgment by the NYPD officers involved, and the mayor’s praise for their actions is deeply insulting to the millions of subway riders and workers across the five boroughs."
In a statement to Gothamist on Tuesday, an NYPD spokesperson said the incident went “beyond fare evasion.”
“When approached, the individual produced a knife, threatened the lives of police officers and put bystanders at risk,” the spokesperson said.
This story has been updated to clarify the headline.