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Overcast No charges against cops in fatal Point Lookout shooting
D.A. says use of deadly force was justified
Nassau County police officers who were involved in the fatal shooting of a former Long Beach High School and Queens College baseball star last year were cleared of criminal charges by the Nassau County district attorney on Tuesday.
Kurt Doerbecker, 23, of Bayside Drive in Point Lookout, was shot by a police officer at around 1:30 a.m. on Aug. 30, 2011, after police — who had responded to an emergency call about an intruder at a home on Lynbrook Drive — said he approached them with a 12-inch knife “in a threatening manner.”
According to a 28-page report from D.A. Kathleen Rice, released on July 10, the “deadly physical force” used by officers in the confrontation with Doerbecker was “entirely justified,” given the circumstances.
The report comes after Doerbecker’s parents filed a wrongful death lawsuit in U.S. District Court in May, claiming that the “hostile, arbitrary and aggressive response” by police was “grossly disproportionate” and led to the killing of a “frightened, fleeing, unarmed” young man by an officer who fired twice and missed before fatally shooting Doerbecker in the back of the head.
The lawsuit described Doerbecker’s alleged offenses as “minor,” and claimed that police could have made an arrest after obtaining a warrant. It also claimed that Doerbecker’s parents were improperly arrested at the scene.
“We are disappointed with the decision not to prosecute anyone for fatally shooting Kurt Doerbecker in the back of the head,” said the family’s attorney, John Cuti. “There are several obvious inconsistencies in the district attorney’s report, and it is never surprising when a D.A. refuses to charge officers who work closely with the D.A.’s office every day. The family looks forward to discovering all the facts and to holding the police accountable in court.”
Doerbecker’s father, Albert, was not available for comment.
According to Rice’s report, the investigation included interviews with police officers and civilian witnesses as well as a review of physical, forensic and ballistic evidence. “For reasons stated herein, the NCDA has concluded that no potential criminal charges should be presented to a grand jury,” the report states.
