Man Accused of Shooting at Police Charged With Gun Possession

The man police say opened fire in a shoot-out with NYPD officers in Harlem this month has been charged with three felony counts of criminally possessing a weapon. Manhattan District Attorney Cy Vance declined to bring attempted assault or attempted murder charges against Angel Alvarez, 24, whom police say shot at officers first before they responded by firing 46 shots.

By the end of the August 8 melee, Alvarez had sustained more than 20 bullet wounds and was in critical condition. The man he was allegedly quarreling with, Luis Soto, was killed.

Police initially arrested Alvarez on charges of assault and attempted murder. But now, prosecutors only allege that Alvarez was lying face-down in the street with a .38 caliber revolver in his right hand when the shooting was over, and that the gun went off four times. Prosecutors don't say the weapon was actually shot by Alvarez.

Eugene O'Donnell, a former prosecutor and former New York City police officer who now teaches at at John Jay College of Criminal Justice, says it's too early to conclude the District Attorney doesn't have evidence Alvarez tried to shoot and kill police officers.

"They are not required to charge the most serious charges in the first instance," says O'Donnell. "Nothing precludes them from adding charges in the future."

And nothing precludes them from reducing charges or dismissing the whole case either, he adds.

Police officials say they are still piecing together the events that led up to the shooting. Some witnesses reported that Soto had control of the gun first and that Alvarez wrestled it away from him.  

Two police officers were also shot during the gunfight. One officer was grazed. The other was hit in the chest by a fellow officer, but was not seriously injured because he was wearing a bulletproof vest.

The District Attorney confirmed the investigation is still ongoing. Alvarez, who is being held without bail, is facing up to 15 years in prison on the current charges.