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UPDATE Police Commissioner Determines “No Crime” by Officers Involved in Shooting of Kawaski Trawick

NEW YORK POLICE Commissioner Edward Caban delivers remarks at the New York City Police Department (NYPD) Academy graduation ceremony on Tuesday, July 25, 2023.
Photo courtesy of Michael Appleton/Mayoral Photography Office

Police Commissioner Edward A. Caban has determined that the two NYPD officers involved in the fatal shooting of Kawaski Trawick on April 14, 2019, inside his supportive housing apartment located at at 1616 Grand Avenue in the Morris Heights section of The Bronx, acted within the law in relation to their actions leading up to what was described by police as “the 32-year-old man’s tragic death.”

 

On April 10, nearly five years after the death of Kawaski, a Black, gay man, his family, racial justice organizations, and elected officials rallied on the steps of City Hall to demand Mayor Eric Adams and the police commissioner “end” delays and “fire” NYPD Officers Brendan Thompson and Herbert Davis for his death.

 

The rally was organized by groups that had been working closely with Kawaski’s family on the justice campaign, including Justice Committee, Make the Road NY, Housing Works, NYC Anti-Violence Project, VOCAL-NY, El Puente, Showing Up for Racial Justice-NYC, and Communities United for Police Reform (CPR).

 

According to the family and various justice advocates, Officers Thompson and Davis “broke the chain on Trawick’s door, gained illegal entry into his apartment, and tased and shot him within 112 seconds.” They also allege “neither of the officers attempted to administer emergency medical aid and let Trawick bleed out on the floor as Herbert Davis held the door shut.” Norwood News has reached out to the NYPD for comment.

 

On the night of the incident, according to police bodycam video, Kawaski held a bread knife and a stick in his hand as police entered the doorway of his apartment. He continued to ask them why they were there, and they repeatedly asked him to put the knife down while at least one officer had a taser gun raised and pointing at him. According to reporting by Propublica, Kawaski had earlier called the FDNY, falsely claiming there was a fire, in order to gain access to his own apartment as he had been locked out, and on arrival, the FDNY had let him back in.

 

The outlet also reported that four 911 calls had come in about Kawaski in quick succession around the same time. A little after 10:40 p.m., it was reported that a security guard said he had been “harassing” neighbors. A bodycam video of the incident, released on Dec. 8, 2020, is attached further below.

 

In a statement read at the April 10th rally by Shannon Bland, Kawasaki’s cousin, Mrs. Ellen and Mr. Rickie Trawick, Kawaski’s parents, said, ”There is no good excuse for why Thompson and Davis aren’t already fired. Plain and simple, Thompson stole Kawaski’s life and Davis helped him do it. It’s been a year since their discipline trial and we can’t believe that Mayor Adams has let this carry on so long without a decision to fire Thompson and Davis.”

 

They continued in part, “Our hearts go out to the Rozario family, whose 19-year-old son [Win Rozario] was also killed by the NYPD in a situation that’s similar to Kawaski. In both cases, the police came, created a crisis, and killed our sons in seconds.” For years, Kawaski’s parents worked with the Justice Committee, Communities United for Police Reform and others to call for the firing of Thompson and Davis, alleging police cover-ups.

 

In the context of the rally, local District 14 City Council Member Pierina Sanchez had said of the investigation, “It’s been five years since Kawaski Trawick was tragically killed in his own home at the hands of two NYPD officers. My heart continues to be with his loved ones left grieving and seeking accountability for his death. As the Council Member representing the district where Kawaski Trawick lived and was killed, I continue to support and fight alongside the Trawick family in their quest for accountability.”

 

She continued, “As we remember Kawaski, we demand the NYPD fire these officers and strive to create the change that ensures such a tragedy can never happen again. The facts in this case are clear, as highlighted by CCRB’s substantiating evidence of NYPD misconduct: accountability means termination of the officers who took Kawaski’s life.”

ON APRIL 10, 2024, nearly five years to the day Kawaski Trawick, a Black, gay man was fatally shot by police on April 14, 2019, the Trawick family, racial justice organizations, and elected officials, including District 14 City Councilwoman Pierina Sanchez, rallied on the steps of City Hall to demand Mayor Eric Adams and Police Commissioner Edward Caban “end” delays and “fire” the two NYPD officers involved in the shooting.
Screenshot courtesy of Make the Road NY

Meanwhile, the Trawick family attorney, Royce Russell said, “The lack of compassion and respect is revealing given the law enforcement background of the City’s leadership.”

 

For her part, New York City Council Speaker Adrienne Adams, said of the investigation on April 10, “For nearly half a decade, the Trawick family has fought for answers and accountability for the killing of Kawaski, in the face of significant obstructions from the NYPD. This has only added to the pain and trauma they have endured. Their ordeal has been unimaginably difficult, a scenario that is far too familiar for families who have lost loved ones to police violence. The Trawick family still lacks answers and accountability from this city. As a mother and grandmother, this is all heartbreaking; as an elected official and resident of New York City, it is unacceptable.”

 

She continued, “The Civilian Complaint Review Board substantiated disciplinary charges against Officers Thompson and Herbert three years ago, yet they have still not been held accountable for their actions from five years ago. After delays and impediments by the NYPD to provide key evidence, those delays being used as the reason to recommend no discipline is unjustifiable and cannot stand. There must be no further delay in accountability for Kawaski’s killing. It’s time for Mayor Adams and Commissioner Caban to hold the officers fully accountable.”

 

According to the NYPD, and as previously reported, Bronx District Attorney Darcel D. Clark announced on Aug. 12, 2020 that a year-long investigation into the fatal shooting of Kawaski inside his home resulted in no criminal charges being brought. Clark had said at the time, “Although we do not find that the facts warrant a criminal prosecution, this event does demand a thoughtful review of police procedures and training techniques. Additionally, as a community, we must do a better job of providing appropriate support for the residents and staff of supportive housing services in the City.”

 

Police said an examination by the NYPD’s Force Investigation Division (FID) similarly cleared the officers of wrongdoing in January 2021. They said pursuant to the “then-operative terms of a memorandum of understanding between the police department and the Civilian Complaint Review Board (CCRB), the body-worn camera footage capturing the incident investigated by FID was provided by the police department to the CCRB following the conclusion of the FID investigation.”

They said in this instance, that occurred in January 2021, five months before the expiration of the statute of limitations governing disciplinary matters. They said the CCRB then brought charges against the officers after the expiration of the statute of limitations. They said because of this, the only permissible charges at that stage were allegations of criminal conduct.

 

Police said that in September 2023, following a trial prosecuted by the CCRB, the judge overseeing the proceedings found that the officers had not engaged in criminal conduct. They said the police commissioner has likewise concluded that no crime was committed by the officers.

 

Police added that since the events in question, the NYPD has entered into a new memorandum of understanding with the CCRB, obligating the NYPD to provide all future body-worn camera footage and documentation related to FID cases within 90 days of CCRB’s request.

 

Reacting to Caban’s determination on April 12, Sanchez said, “After five years of delay spanning two administrations and virtually no interaction with the Trawick family, the Mayor and NYPD Commissioner concluded no wrongdoing was committed when two officers unnecessarily instigated a confrontation in a supportive housing facility, shot Kawaski Trawick in his own home within just 112 seconds of encountering him, and did not render aid.”

 

She continued, “This decision is not just a failure of justice; it is a horrific display of a too-powerful institution failing to reign itself in and failing to be reigned in by the Mayor. This decision represents a profound betrayal of New Yorkers’ trust, and sends the disturbing message that accountability cannot be had when officers engage in wrongdoing.”

 

Sanchez said Kawaski should still be alive today. “On the eve of the fifth anniversary of his murder, as Kawaski Trawick’s family and friends prepare to commemorate his life and mourn his loss, they must also contend with the heartbreak of a disturbing lack of accountability for his killers,” she added. “This decision demonstrates in no uncertain terms who is valued by the Mayor and NYPD, and who matters.”

 

Sanchez went on to say “The chilling lack of acknowledgment of the worth of Kawasaki’s life by a Mayor who never bothered to utter his name, and a Commissioner who hid behind timing technicalities created by the NYPD itself, perpetuates the cycle of a citizenry who cannot place faith in its police, even as we are forced to rely on the institution. The complicated relationship communities like ours has with the NYPD takes a further step backward today.”

 

She concluded, “The Mayor committed himself to a just administration, committed that he would prevent his own traumatic experiences as a victim of police brutality from reoccurring, yet here is an opportunity for a step forward in NYPD-community relations squandered by a decision that communicates nothing but a disgusting disregard for the life of a Black, queer, beautiful life and his family’s anguish. This is a tragic day for New York. This is tragic day for the Bronx. This is a tragic day for Justice.“

 

 

 

 

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