Letter From SBA Pres.Mullins To PC O'Neill Re: Shooting At Vehicles
Dear Fellow Sergeant,
In light of recent terrorist attacks, we continue to work to keep the citizens of our city safe. In order to protect you from disciplinary action if you are ever faced with similar situations that have occurred in Berlin, Germany and Nice, France, we have recommended revisions to the Patrol Guide and sent this proposal in a letter to the Police Commissioner. Please read the letter below.
As always, stay safe and please keep the families of those killed in Berlin in your prayers.
Fraternally,
signature.jpg
Ed Mullins
President
Sergeants Benevolent Association
December 23, 2016
Hand Delivered
The Honorable James P. O?Neill
Police Commissioner
New York City Police Department
One Police Plaza, 14thFloor
New York, New York 10038
Re: Recommended Revision to Patrol Guide ?221-01(1)(f)
Dear Commissioner O?Neill:
As you are well aware, I serve as President of the Sergeants Benevolent Association and I am responsible for the many Sergeants who faithfully serve this City. In light of the recent spate of terrorist attacks in Nice, France and Berlin, Germany, where ISIS-inspired terrorists used large trucks to commit mass murder, and in order to more adequately address this type of modern day terrorist threat, I feel compelled to respectfully urge the Department to make a common-sense revision to Patrol Guide ? 221-01(1)(f) ? ?Force Guidelines.?
Each of the above-referenced terrorist attacks was carried out by driving large cargo trucks into heavily populated pedestrian areas. The attack in Nice, France, on the evening of July 14, 2016, killed eighty-six people and injured four hundred thirty-four, while the attack this past Monday in a crowded market in Berlin, Germany, has resulted in the death of twelve people, and injuries to another forty-eight.
As we know all too well, New York City has been, and will remain, a prime target for terrorist attacks. As the type and manner of these attacks evolve, it is imperative that we adapt our policies and procedures in order to successfully prevent and respond to these new types of attacks.
Patrol Guide ?221-01(1)(f) presently states:
PROHIBITIONS:
Members of the service SHALL NOT:
f. Discharge their firearms at or from a moving vehicle unless deadly
physical force is being used against the member of the service or
another person present, by means other than a moving vehicle.
Thus, as presently written, Patrol Guide ?221-01(1)(f) prohibits Members of Service from firing upon a motor vehicle being used in a terrorist attack unless the terrorist is using a weapon other than the vehicle. The world?s tragic history regarding recent terrorist attacks tells us that the vehicle will be the weapon of death. Police officers need the ability to fire upon that vehicle and that terrorist in such a situation.
New York City is home to some of the most heavily populated pedestrian areas in the world. Imagine the very real scenario of an ISIS-inspired terrorist using a large truck or motor vehicle to mow down hundreds of innocent bystanders in Times Square. The responding officers will be faced with the Hobson?s Choice of firing upon the vehicle in direct violation of the presently-written Patrol Guide provision ? and suffer the inevitable disciplinary consequences of that decision - or follow the Patrol Guide and witness the massacre of innocent people.
It is crucial that the women and men most likely to be on the frontline of any response to a terror attack of this nature be provided clear and concise guidance as to the actions the Department expects him or her to take in such a rapidly evolving situation.
Accordingly, on behalf of the members of the SBA, I urge you to immediately revise Patrol Guide 221-01(1)(f) to include an exception which would allow Members of the Service who ?reasonably believe that a motor vehicle is being used to carry out an act of terrorism? to discharge their firearms at the operator of said motor vehicle, or at the motor vehicle itself, in an attempt to disarm and/or disable the driver of the vehicle and/or the vehicle itself. This exception will provide Members of the Service with the direction and authority they need to take action to quell a terrorist attack of this nature should the need arise. This recommendation provides your frontline responders to a terrorist attack with a clear understanding of the actions the Department permits them to take.
Please give the above recommendation your most urgent attention. As always, should you have any questions or concerns, please do not hesitate to contact me.
Respectfully,
Edward Mullins
President
cc:
Mr. Lawrence Byrne, Esq.
Deputy Commissioner - Legal Matters
Mr. Kevin S. Richardson, Esq.
Deputy Commissioner - Department Advocate?s Office
Chief Carlos M. Gomez
Chief of the Department