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NYPD Cop Not Charged In Road Rage Shooting Death

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NYPD Cop Not Charged In Road Rage Shooting Death

NEW YORK (CBS) ― A grand jury voted Thursday not to file criminal charges against an off-duty New York City police officer who shot and killed a Manhattan man in October during what was considered an alleged fit of road rage, CBS 2 has learned.

District Attorney Robert Morgenthau announced that Officer Sean Sawyer will only face an administrative review and sanctions by the NYPD in the shooting death of 25-year-old Jayson Tirado.

Tirado was killed in the early morning hours of Oct. 21, 2007 when Sawyer, by his own admission, shot at Tirado's car at 117th Street and First Avenue after Tirado had apparently cut him off while trying to avoid an accident.

Angry words were later exchanged between Sawyer and Tirado and a chase ensued. Sawyer later pulled out his licensed off-duty firearm and shot twice at Tirado after Tirado apparently made a gesture as if he had a gun.

Tirado was struck by a bullet near his right shoulderblade and later died from his wounds.
 
Sawyer left the scene and did not learn of Tirado's death until the next day. Leaving the scene of a shooting is not a violation of the New York State Penal Law, but may be a violation of the New York City Police Department's Patrol Guide.

"I'm sure that most people would be shocked to learn that it is not a crime for a police officer to leave the scene of a shooting without reporting it as soon as practicable," Morgenthau said in a statement. 

"I share their outrage. But, that is the law. As a result of this case, we will be submitting legislation to change that," he said.

Many in the victim's family rallied behind Rev. Al Sharpton days after the shooting, wondering why Sawyer was never arrested.

"If evidence was tampered with, and time was used to change anything, then you are involved in obstruction of justice," Sharpton said at the time.

In October, CBS 2 caught up with Sawyer, who only said, "Of course I feel bad about it. The guy was a human being. I wish it would have been different."

Tirado's mother, Irene, later lashed out at Sawyer, saying, "I don't want to know him. I can't forgive him. I don't want him to be a police officer ever again."

Sawyer, who had been on the force since 2004 and was a member of the Queens Narcotics Bureau, was suspended without pay while the investigation continued. He now faces sanctions by the NYPD ranging from suspension to termination.

(© MMX, CBS Broadcasting Inc. All Rights Reserved.)

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