Footage released by the NYPD shows two New York City police officers opening fire at a subway station, shooting Derell Mickles who was standing still with his arms by his side, with a knife in hand, and his back toward a train.
Since the shooting on Sunday, police officials have maintained that Derell Mickles “charged” at one of the officers and that their attempts to de-escalate the situation using Tasers had failed, leaving them with no choice but to use deadly force to protect themselves and nearby passengers.
The Ultimate Hiking Essentials: Top 10 Must-Have Items for Your Adventure
The video, uploaded to the NYPD’s YouTube page on Friday, presents a different perspective of the shooting, which not only injured Mickles but also critically wounded bystander Gregory Delpeche. Delpeche, 49, was struck in the head by a stray bullet and rushed to the hospital, where doctors performed emergency surgery to relieve brain swelling, according to his family.
“The NYPD’s account is a gross distortion of what’s visible in the video,” said Nick Liakas, the attorney representing Delpeche’s family. “There was no justification for gunfire in such a crowded area, where innocent people were clearly put in danger. Gregory was shot in the back of the head as a result.”
Police officials defended the officers’ actions during a press conference on Wednesday.
“This happened because an individual entered the subway system, refused to drop his weapon despite multiple commands, and advanced towards the officers while armed,” said NYPD interim commissioner Thomas Donlon.
Chief of Patrol John Chell called the incident a “tragic situation” and explained, “We did everything we could to protect our lives and the lives of those on the train.”
Chell explained that Mickles had jumped the turnstile at a Brownsville, Brooklyn, subway station just after 3 p.m. Sunday. After officers told him to leave, he complied but was seen unfolding a knife as he exited. When Mickles returned a few minutes later, the officers followed him to the platform, where body camera footage captured them repeatedly asking him to drop the knife. Mickles, with his hands behind his back, told them, “I’m not dropping it, you’ll have to shoot me.” He then demanded that the officers leave him alone.
As a train approached, Mickles backed onto it. The officers followed him aboard, repeatedly ordering him to put down the knife. When they deployed their Tasers, they appeared ineffective, sticking to Mickles’ shirt but having little impact. Mickles ripped them out and stepped off the train.
Once on the platform, Mickles held the knife with the blade exposed. As the officers exited through different doors, Mickles briefly ran toward one of them, causing the officer to retreat. When the officers drew their firearms, Mickles stopped moving, his hands by his sides, near the train. As he slightly turned his head, the officers fired several shots. Mickles collapsed into the train while passengers rushed to flee.
In his account, Chell said, “Mr. Derell Mickles charged one officer, then turned, with the other officer only about 5 feet away. It was at this moment that both officers discharged their weapons.”
Besides Derell Mickles and Delpeche, one of the officers was also injured in the incident, while a 26-year-old woman sustained a graze wound.
Earlier on Friday, Mickles appeared remotely from his hospital bed to plead not guilty to charges, including attempted aggravated assault on a police officer, menacing, weapons possession, and evading his subway fare. His bail was set at $200,000. Mickles’ attorney, Jonathan Fink, stated that his client is in “very bad shape” and unable to walk.
“There seems to be a strong case for excessive force being used by the police,” Fink said, though he had not yet viewed the footage.
Advocates for police reform condemned the shooting. Loyda Colon, from Communities United for Police Reform, issued a statement saying, “This tragic incident, which endangered dozens of transit users, is a direct result of the city’s decision to flood officers into the subway to criminalize poverty and mental illness, rather than making essential services like housing and transit affordable for New Yorkers.”
Earlier in the week, Mayor Eric Adams, a Democrat and former police captain, praised the officers for demonstrating “a great level of restraint,” stating he had seen the videos and commended the officers for their repeated attempts to reason with Mickles. “This is not a city where anything goes,” Adams said in response to criticism over enforcing fare evasion.
After the footage was released, Adams’ office issued a more reserved statement, noting that the NYPD’s initial review found that the shooting occurred after Mickles “brandished a dangerous weapon and put officers’ lives at risk.” The mayor refrained from further comment pending the formal review.
