EXCERPTS FROM REPORT ON SHOOTING OF UNARMED MAN

Following are excerpts from the report of District Attorney Robert M.
Morgenthau to Police Commissioner Howard Safir:

On March 16, 2000, at approximately 12:28 a.m., Patrick Dorismond, 26, was
killed by a bullet discharged from the gun of Detective Anthony Vasquez of
the Manhattan Gang Investigations Unit during an undercover "buy-and-bust"
operation. . . .

At the time of his death Dorismond was employed as a security guard, was
unarmed, and was not selling drugs. . . .

In accordance with our practice in all fatal police shootings, the
investigation culminated in the presentation of evidence to a grand jury.
The fourth May-June, 2000, grand jury received 42 exhibits into evidence
and heard testimony from 24 witnesses -- a number which included every
individual who had either seen or heard a portion of the incident.

The grand jury has now concluded its investigation, and has voted not to
bring criminal charges. . . .

The investigation revealed the details of an encounter that, extremely
rapidly and completely unexpectedly, escalated into violence. Shortly after
midnight, Dorismond left the Wakamba Lounge, a bar on Eighth Avenue near
37th Street, and was standing outside talking with a friend.

He was approached by undercover Detective Anderson Moran, who was seeking
to buy crack cocaine.

Detectives Anthony Vasquez and Julio Cruz were acting as plainclothes
backups to Detective Moran.

Dorismond reacted angrily to Moran's approach, losing his temper and
ultimately punching Moran in the face.

In the course of the brief melee that followed, Detective Vasquez drew his gun.

Dorismond grabbed it, they struggled for control of the weapon, and the gun
discharged at close range, striking Dorismond once in the chest.

Detective Vasquez had been about 15 feet away from the group when the first
punch was thrown, and he had begun moving diagonally across the sidewalk to
where Moran and Dorismond were grappling with each other. . . .

Vasquez says that he yelled the word "police" several times.

Moran recalls hearing it twice, and Cruz once.

A sergeant in one of the backup vehicles heard "police, police," but could
not tell which undercover was shouting it.

One of the civilians in the area also heard the word "police" shouted at
least once, and possibly more than once, before any shot was fired, but
could not tell who said it. . . .

Vasquez did not see a gun in anyone's hands. In his view, however, if he
waited to see someone else pull a gun before drawing his own, he would not
be ready to use his gun if he had to, and he or someone else might be shot.

Vasquez therefore decided to draw his weapon so that he would be ready to
use it if necessary. Still in forward motion, Vasquez reached into the
front of his pants and began pulling out his weapon. In accordance with his
training -- and for his own safety, since the gun in its holstered position
was pointed at his crotch -- his finger was on the outside of the trigger
guard, not on the trigger.

As he was pulling the gun out and beginning to raise it, someone collided
with him and grabbed the gun and the hand in which he held it.

He states that it took him a second to realize that the person who had
grabbed him was Dorismond. . . .

By Vasquez's account, he and Dorismond struggled over the weapon, up
against each other, chest to chest.

The two were both big men.

Dorismond, at 6 foot 1 inch, weighed 222 pounds; Vasquez, at 6 feet,
weighed 240.

Vasquez had pulled his gun out with his right hand, which Dorismond now
gripped with his left. Vasquez used his left arm to block Dorismond's other
hand from coming over to grab the gun as well.

At one point the gun was pushed up near Vasquez's head.

He pushed the gun down toward Dorismond and they continued to grapple briefly.

According to Vasquez, he could feel Dorismond twisting the gun.

Suddenly the gun went off.

Vasquez says that he does not know where it was pointed when it was
discharged. He did not intentionally pull the trigger, and in fact does not
know how the discharge came about.

The struggle lasted only seconds. . . .

At first, no one realized that Dorismond had been hit.

Vasquez briefly continued to struggle with him.

Cruz pushed Dorismond away from Vasquez; later he discovered blood on his
hands, and realized that he must have pushed Dorismond in the chest.

Moran, seeing Dorismond step back, moved toward Dorismond's front and hit
him several times before he realized that other officers were yelling at
everyone to get on the ground. . . .