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$10 Million Dollar Lawsuit Filed Against NYPD Officer who Shot Black Man in his own home - by mistake

From [HERE] and [HERE] NYPD officers shot and killed an armed Black man who relatives said was protecting his Brooklyn home from burglars. Duane Browne, 26, was gunned down at 943 Schenck Ave. in East New York. Relatives said he was defending his home from the robbery. The family has now filed a $10 million wrongful death suit against the city on behalf of Browne's 8-year-old son.

Browne — who relatives say had recently passed the written portion of the NYPD entrance exam — heard noises coming from his brother’s basement apartment in the Schenck Ave. house they shared, according to court papers. Dressed in pajamas, Browne saw his brother, Dale Ogarro, being beaten in the basement by two masked men, according to the complaint. He raced upstairs and fetched a loaded .38-caliber revolver, which cops later said was unregistered.

Browne ran outside holding the gun just as cops — who got the 911 call at 10:36 p.m. — were arriving.

Police officials and others interviewed after the shooting said officers ordered Browne to “freeze.” But the lawsuit claims the cops fired without identifying themselves or saying a word.

With a single shot to the chest, Browne staggered back upstairs, apparently not knowing it was a police officer who fired the bullet, the suit claims. Ferdinand said "when D came back upstairs, he had a bullet in him. He told me, 'I got shot. Call the cops.'

Police officials and others interviewed after the shooting said officers ordered Browne to “freeze.” But the lawsuit claims the cops fired without identifying themselves or saying a word. "They didn't say nothing," she continued, referring to the cops.

"They just shot Duane in his pajamas," said Browne's girlfriend, Renita Ferdinand. Ferdinand, 27, added that the cops were insensitive after the shooting. "They sat there and let him bleed to death, asking him questions like, does he live there?" she added.

Police confirmed that a 911 call came in about two masked men with guns at the address. But when officers arrived the woman who made the 911 call reportedly told police "they have guns."

The boyfriend who was allegedly assaulted then ran out of the house and was briefly taken into police custody.

"Moments later at approximately 10:50 p.m. a second male emerged from the back door with a 38-caliber revolver in his hand," said Police Commissioner Raymond Kelly at a Friday press conference. "He failed to comply with one of the officer's directions not to move and was shot once in the chest."

Browne was taken to Brookdale Hospital, where he died, police said.

"Shoot for the arm, don't shoot to kill," said Browne's brother, Nolan Donovan. "These are people's fathers. We are not animals. We work, we have family."

Browne, who had a 7-year-old son, earned an associate's degree for a pharmacy program, his relatives said. He was currently working as a floor installer.

Early Friday, Browne's relatives had still not been allowed back in the home.

"You kill my kid and take over my house?" said Browne's mother, Alice Buinoe-Browne. "What's wrong with this picture?"

City Councilman Charles Barron, a frequent critic of the NYPD, lashed out against the cops.

"This is ridiculous. You're investigating the robbery of a house and guys are running away. Why would you not chase them?" he said at the scene. "He's coming down in his pajamas. He clearly can't be the robber."

Barron also suggested that the NYPD may be withholding crucial details about what happened.

"We want the truth," he added. "Tell the truth of what happened."