At approximately 3:00 a.m., a radio transmission was broadcast of a robbery in progress and three police officers claimed to have heard it, each initially stating they heard a broadcast describing a robbery that had been committed by four male blacks that fled in with a vehicle. One of the police officer later revised his statement to reflect that the radio broadcast described two attackers, not four. The two other police officers maintained that they heard four male blacks. One of the police officers also stated that he received additional information, that there were four black attackers, by radio from a different unknown source.
The initial radio transmissions, a recording of which was presented in evidence, includes that there had been 10-30 robbery at gun point and that the attackers were described as two male blacks, one mask over face, who fled with a vehicle with unknown license plate and unknown direction of flight. Such radio transmissions did not specify a more detailed physical description of the offenders or their clothing, the license plate of the fleeing vehicle, the model, the number of doors, the age or condition of the vehicle, or as noted, its direction of flight.
Shortly after receiving such radio transmissions, approximately three to four miles from the scene of the robbery, a police officer and his partner, who were in an unmarked police car, and another two police officers who were directly behind them also in an unmarked car, were proceeding northbound. The officers observed a gray vehicle traveling southbound.
When the court asked the officers if the vehicle had any beige on it, the officer responded that it was gray with faded paint on it. He also stated that it was like peeling on certain areas of the car and may have appeared to be beige.
The owner of the vehicle and the mother of the former co-offender provided a copy of the vehicle’s registration that indicated the color of the car was gray. The court then credits her testimony that she never had the car re-painted or refinished.
The photographs of the vehicle were also presented in evidence, showing the vehicle was silver/gray in color, in good condition. The criminal court also stated that from their inspection of such photographs, it is clear that while a small portion of the rear bumper appears to have a slight amount of peeling paint, in no way can the color be described as beige or gray.
The officers further assert that after sighting the alleged vehicle, they observed four individuals inside the car and prior to stopping it, they were unable to identify their race or gender and it was not until the individuals exited their vehicle.
The police officer turned the car around, and followed the offender’s vehicle for a short distance. So did the second police vehicle. The offender’s vehicle stopped at a red light and both the police vehicles activated their lights and sounded their siren briefly.
All four officers exited their vehicles, and approached the offender’s vehicle with their a gun drawn. The police officer indicated that as he approached the vehicle, he could see that the individuals inside the car were dark-skinned but could not tell what gender they were. The police officer also told the occupants to show their hands.
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Whenever you are charged of a crime that you did not commit and you want to seek legal assistance for such matter, you can ask the help of the Queens County Criminal Lawyer. Further, if you are involved with unlawful bringing of a gun and you are arrested with an offense, you can have the assistance of the Queens County Possession of a Weapon Attorney at Stephen Bilkis and Associates office.