Lawyer for Harlem Man Shot By Police Claims Improper Use Of Deadly Force

The man who survived a Harlem police shoot-out with more than 20 bullet wounds is expected in court again Thursday.  Alvarez's lawyer says any attempt by prosecutors to charge his client with more serious counts would be based on flimsy testimony by police officers who improperly used deadly force.

Currently, a criminal complaint charges Alvarez with only three counts for criminal weapons possession -- despite statements from the police that Alvarez was the one who shot at officers first before 46 New York Police Department bullets sailed in his direction and left another man, Luis Soto, dead on August 8.  

Alvarez's lawyer, Matthew Galluzzo, says if the district attorney tries to bring more serious charges for attempted assault or attempted murder, the only evidence prosecutors will have to support those charges is testimony from police officers.
 
"What I find really striking is that there were hundreds of people at this block party. You know, there were a number of people who saw what happened," says Galluzzo. "How come we have not heard of one independent eyewitness civilian anywhere who says that Alvarez fired at the police officers?"

Galluzzo says if the district attorney's office already had non-NYPD eyewitness testimony that Alvarez was the first shooter, prosecutors would have brought attempted assault or attempted murder charges by now. Galluzzo says prosecutors could be negotiating an immunity agreement for grand jury testimony by police officers. But if prosecutors are also building a case against the shooting police officers for improper use of deadly force that Sunday morning, granting them any kind of immunity will be tricky.

Meanwhile, Galluzzo says he is building a case to show the four police officers who shot at Alvarez improperly used deadly force. He says if officers were trying to only neutralize Alvarez, not kill him, firing 46 bullets at close range is excessive. He also says that bullet wounds on Alvarez suggest officers shot at him while he was lying on the ground. Galluzzo says Alvarez has bullet wounds on the bottom of his feet and one bullet entered his lower jaw and lodged into his upper jaw. And multiple eyewitnesses told Galluzzo they saw officers pointing their guns downward while shooting. NYPD spokeperson Paul Browne says he cannot yet confirm these allegations.