Killed Cop's Mother Sues City

The mother of police officer Eric Hernandez who died from shots fired by another officer is filing a lawsuit for $50 million in damages. Hernandez, who was off-duty when he visited a Bronx White Castle, had been beaten by a group of men and was crawling outside, with his gun in hand, when police officer Alfredo Toro responded to the scene. Toro, not realizing Hernandez was a fellow officer, shot him in the legs and abdomen when Hernandez didn't lower his gun. There is thought that Hernandez also thought Toro might have been another attacker, and doctors believe the beating affected his ability to hear. His mother, Cynthia Salich, said, "Eric is obedient. When the officers told Eric to drop the gun, he was ailing. The police officer didn't give Eric reasonable time and opportunity to lower his gun against the person he thought had attacked him inside the restaurant." What Gothamist is curious about are the reports that Hernandez was drunk when he went to the White Castle - and the fact that officers should not draw their guns when drinking. Should Hernandez's impaired judgement be on trial?

The Post says the lawsuit will name the city, NYPD and officer Toro, while the Daily News says the suit will not name Toro. And the Daily News points out that the city paid $3 million to settle a $50 million wrongful cop-on-cop 1994 shooting.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on February 23, 2006 7:58 AM

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Think twice

Everytime I see that handsome photo of him, with all that clear-eyed youth and promise, it breaks my heart.

rev pays

Nothing will change.

Saint Patrick's day is just around the corner.

Tim N.

Far be it from me to tell a grieving mother what to do or how to think, but Ms. Salich ought to let it drop. Her grief and anger must be inconsoleable, but nothing good will come of this. Either Officer Toro will get beat up further in a settlement, or the city and the force will have to drag Officer Hernandez through the mud for drinking and packing.

Apparently, beat cops will tell you that having your gun on you when you've had a couple isn't all that uncommon (shocking, I know) even though its against NYPD rules. Many cops were very upset over the initial reports emphasizing that Hernandez had been drinking and packing. They felt that the city and the force were hanging him out to dry. Right after that the tone of the NYPD's handing of the whole matter changed.

Toro was going to retire in June, he's got twenty years on the job and apparently had never used his gun before that night at the White Castle. Inches from the finish line and now he's messed up for life. Ms. Salich is probably too consumed by pain to see things as they really are (and they are ugly, too ugly for her to comprehend probably), but hopefully someone around her will be able to make the wise decision here.

rev pays

The mother didn't forgive and refused to let the cop to the wake or funeral.

It was a NYPD bullet that killed officer Hernandez, maybe that's why she's suing. I recall his alc content was very low, less than one drink an hour. And, he was out for four hours.

Hardly, stumbling drunk.

Dirk

From all accounts it seems like the shooting was justified. Sad, but justified... Yeah, some lawyer probably trying to make a buck.

MT

Good point. I'm sure the lawyers are right there to take advantage of emotionally vunerable family members. If money doesn't get them the idea that they are victims and will get justice must whip them into a fury.

Jen

I think Hernandez's father (the parents are divorced) forgave the cop, but I'm not totally sure. And part of me wonders if an opportunistic lawyer approached the mother - I imagine as soon as there's word of a shooting, they swarm to the families.

MT

Another opportunistic family member. Pretty soon people will start bumping off each other so they can sue someone for it no matter who's fault it is. If she sues, the family should be at least forced to give up any benefits they would be receiving from the Police Department. I'm curious too to see what comes out of this due to Hernandez' drunk state. I get the feeling the city is at least partially covering for him in this incident because they don't want one off duty bad egg to reflect on the entire department. I wonder if they'll be forced to tell some sordid details to defend themselves.

JESUS CHRIST

Wasn't the mother all like "I forgive the officer for shooting my son" and shit? Now she turns around and sues everyone. She should have just did this in the first place. Now she looks shady.