No criminal charges will be considered against Long Island police officers involved in the fatal shooting of a knife-wielding suspect, a New York prosecutor announced Tuesday.
Nassau County District Attorney Kathleen Rice issued a 28-page report on the Aug. 30, 2011, shooting in Point Lookout, N.Y., saying after a review of the circumstances, "no potential criminal charges should be presented to a grand jury."
A spokesman for the prosecutor said Rice would not comment beyond the details in the report.
Kurt Doerbecker, 23, was shot outside his home after initially refusing to comply with officers who wanted to speak with him regarding the break-in of a nearby home. The prosecutor's report notes that Doerbecker had a knife in his hand and had approached officers in a threatening manner.
The man's family has filed a federal lawsuit claiming the shooting was unjustified. An attorney for the family did not immediately respond to a request for comment.
The prosecutor's report also notes that prior to the shooting, Doerbecker had been involved in altercations with customers and staff at a nearby bar. The report notes that he had a blood-alcohol reading of 0.08, which is the standard for charging someone with driving while intoxicated. However, Doerbecker was not believed to have been operating a motor vehicle the night of the shooting.
The report says Doerbecker was inside the Point Lookout waterfront house where he lived with his family when police came to question him about a break-in of a nearby home. A woman in the home said she confronted an intruder who was carrying either a knife or a screwdriver in his hand.
Local
Police made "made numerous unsuccessful attempts to speak with Doerbecker at his home" before he was seen climbing out a back window of the home.
He was confronted by three uniformed officers and had a knife in his hand, according to the report. Doerbecker held the knife over his head and charged at one of the officers. Three shots were fired in the ensuing moments, hitting Doerbecker, including one that struck him in the back of the head, killing him instantly.
Police records indicate there were at least 14 police officers at or near the Doerbecker home at the time of the 1:30 a.m. shooting.
A police department spokesman said he had not yet seen the report and did not immediately comment.
Get the latest from NBC 4 New York anytime, anywhere. Follow us on Twitter, Facebook and Google+. Get our apps here and sign up for email newsletters here. Get breaking news delivered right to your phone -- just text NYBREAKING to 639710. For more info, text HELP. To end, text STOP. Message and data rates may apply.
