MOM SUES SUFFOLK, POLICE DEPT.

Calls For DA to Investigate Accidental Shooting Case

The mother of Jose Colon, who Suffolk police said was accidentally shot and
killed by an officer during a drug raid in Bellport on April 19, has filed
papers to sue both Suffolk County and its police department for his death.

"I am hoping that the new District Attorney Thomas Spota will conduct a
comprehensive and thorough investigation," said Colon's mother, Kathleen
Seaton of East Patchogue, "and I am confidently hoping that those
responsible are held accountable for the death of my son."

Colon, 20, had stopped by the house at 862 Doane Ave. moments before the
raid began. He exited through the front door about 10:30 p.m. and was shot
in the left side of the head by an Emergency Services officer. Colon was
pronounced dead that night.

Chief of Department Philip Robilotto called the shooting a tragedy and an
accident, but wouldn't comment about the potential lawsuit.

It occurred, Robilotto has said, after one of four officers charging toward
the house tripped over a tree root. That officer fell forward into the lead
officer, who accidentally discharged his submachine gun three times.

"Irrespective of whether this was an accident or not, the family deserves
just compensation," said attorney Ted Rosenberg of Holtsville, who, along
with William LaVelle of Patchogue, is representing Seaton.

Seaton's notice of intent to sue served Monday does not specify a dollar
amount, but reserves the right to bring the wrongful death civil suit
within the next 90 days, LaVelle said.

LaVelle said he and Rosenberg are hoping to question the officers who took
part in the raid, and are also awaiting the results of ballistics and
toxicology tests.

LaVelle and Rosenberg said they have hired an investigator to look into the
tactics employed by police during and after the raid.

Of particular concern, LaVelle said, is that at least one officer was armed
with "military-type" weapons, which he called excessive, because police
were executing a search warrant of a house where only marijuana was
believed to be sold.

Police have said they had information that several loaded handguns and a
loaded 9-mm rifle could be inside, and that the officers used tactics
developed by the FBI and other law enforcement agencies.

LaVelle also said at least four neighbors were handcuffed that night,
questioned and kept in custody for as long as 10 hours. No charges were filed.

"I don't think a search warrant in Dix Hills would result in a neighbor who
is out barbecuing being taken into custody," LaVelle said.

Others, including Colon's girlfriend, Lydia Sierra, 17, of Patchogue -- who
drove Colon to the house and was waiting for him outside -- was arrested
for loitering but never charged, LaVelle said.

Police would not comment on their tactics during the raid. But several
community leaders in Bellport said the shooting is not indicative of any
larger divide between police and the Bellport community.

The Fifth Precinct in Patchogue has developed deep ties with residents by
regularly patrolling the area and running a variety of youth-oriented
programs. "They are more of an asset than anything else," said Helen
Martin, director of the Bellport Hagerman, East Patchogue Alliance Inc. "If
they were to ever leave, you'd see a lot of people who were really upset."

The shooting is being investigated by the Suffolk Homicide Squad, and will
be turned over to the district attorney's office when it is completed,
police said. The Internal Affairs Bureau of the Suffolk Police Department
will also examine the Homicide Squad's findings for compliance with police
rules and procedures.