By Dan Murphy
Last week, a Westchester Grand Jury declined to charge New Rochelle Police Officer Alec McKeanna in the death of Kamal Flowers. What is not in dispute is that Flowers, 24, was shot by New Rochelle Police Officer Alec McKenna, on June 5, 2020, and later died.
Flowers friends, family and the some members of the African American community in New Rochelle are calling the incident a questionable shooting after a questionable traffic stop. Westchester law enforcement described Flowers as “wanting to avoid apprehension at all costs” and said that the case should have never been brought to a Grand Jury.
Westchester District Attorney Anthony Scarpino, who presented one charge to the Grand Jury to consider indictment against Officer McKeanna said, “The death of Kamal Flowers was tragic. His family and friends have lost a loved one and are devastated by this loss. I am deeply saddened by his death because his life mattered. Any use of deadly force is difficult to accept. We want the Flowers family and the people of New Rochelle to know, this investigation took top priority for this office, and, even as we have been challenged by the Coronavirus — we did everything to ensure the investigation’s veracity,” said Scarpino, who also provided the following information released from the grand jury case.
The shooting took place at approximately 10:54 p.m. on Sharot Street. The investigation into the circumstances surrounding Mr. Flowers’ death began immediately following the incident.
On June 06, 2020, the day following the shooting, the Attorney General’s Office declined to take the investigation since the deceased was armed at the time of the incident. As such, the Attorney General determined the matter fell outside the jurisdiction of her office under Executive Order 147. The grand jury was presented with the defaced and operable 9mm Ruger semi-automatic handgun with 10 9mm rounds of ammunition found at the scene and in
Mr. Flowers’ pocket. Expert DNA analysis revealed the DNA found on the trigger of the 9mm Ruger handgun matched Mr. Flowers’ DNA.
The grand jury heard all the evidence on the use of deadly force during this police encounter.
The grand jury was provided with the charge of intentional murder. As required by law, the grand jury was instructed on the defense of justification under Article 35 of the Penal Law as to the use of force and deadly physical force by the police. After deliberating on the evidence presented in this matter, the grand jury found no reasonable cause to vote an indictment.” End of Grand Jury released information.
Seveal factors that led to the Grand Jury’s decision likely included the fact that Flowers, “led a troubled life,” as described by Minster Marc McLean, a New Rochelle NAACP President. Flowers was on parole after serving more than two years for an armed carjacking in Mount Vernon. Flowers is also believed to have been armed during the pull over and subsequent police chase. When you combine these facts, that Flowers was an ex-con who was armed and running from police, the case to some could appear open and shut.
But for the Flowers family, they believe that there is another side to this case, and that Kamal Flowers, like every American, deserves to have it reviewed. Attorney Richard St. Paul, who is representing the Flowers family, said that the grand jury proceedings “delivered neither truth nor justice to the Kamal Flower family.” St. Paul said that the only information released by the court of the Grand Jury proceedings only benefitted “the narrative from the police and district attorney.”
“So many unanswered questions and we have not gotten to the bottom of this situation,” St. Paul said. “Justice has not been served.” Despite the fact that DNA was found on the gun that may or may not have belonged to Flowers, it proves nothing, according to St. John. “It does not prove that Mr. Flowers tried to shoot Officer Mckenna. Police Officers stop people every day with weapons without incident. The mere presence of a weapon does not justify killing someone.”
Jamal Flowers sister, Pauline Harris, said that the DA should have pursued a lesser charge against Police Officer McKeanna that a grand jury could convict on, instead of only presenting the charge of intentional murder.
New Rochelle NAACP President Mark McLean provided Rising newspapers with letters written to Governor Andrew Cuomo from Congressman Eliot Engel, State Senators Andrea Stewart-Cousins and Shelley Mayer, and members of the New Rochelle City Council, all asking for an independent prosecutor or the Attorney General to review the case of Flowers death.
McLean said that Governor Andrew Cuomo shoulders most of the blame for justice not being done for Flowers and his family because Cuomo refused to appoint Attorney General Letica James to oversee the investigation. Instead, according to McLean, “we got a lame duck District Attorney, who has no record of indicting police officers and a Governor who refused to appoint AG James.”
McLean and St. Paul also question the story of what happened on the evening of June 5, 2020. Initially, in the hours after the shooting, McLean claims that New Rochelle police told him that the reason that the vehicle, a Dodge rental, was pulled over was because of a complaint from a resident. That story was later changed to have New Rochelle police pulling the car over because of a traffic violation.
Yahoo News combines both versions in their story, writing, “Police had received a call about a suspicious black Dodge sedan a couple of days earlier, and officers spotted the vehicle the night of June 5. A traffic stop was initiated after the driver was seen making several traffic violations in the area of Potter Avenue and Pierce Street in New Rochelle.”
McLean says that the vehicle was stopped “for no reason.” “We have a 24-year-old in a car that is pulled over for no reason. He runs from the vehicle and is shot dead. We have a sham, lame duck DA, and a sham grand jury who say that his life isn’t even worth a proper examination before trial. It’s outrageous,” said McLean. “We all should have a right to drive and not be subject to being stopped without incident or cause. Nothing these two were doing warranted a pull over and stop. They had no reason to stop them.”
McLean called Police Office McKeanna “a Cowboy, who has a reputation for stopping young black men and busting their chops. He knew these two and saw them driving, while stopped at a light. He followed them for more than a mile and then pulled them over in a dark and quiet part of New Rochelle.”
“Kamal runs away, and it infuriates McKeanna who shoots him dead. If you are so concerned with a traffic stop then stay with the car and let him run away or radio another patrol car for help. He knew Kamal and could have gone to his house later. There was no immediate danger and the police version of events doesn’t line up with the video of the incident.”
Police said McKenna and his partner had observed traffic violations by the Dodge Charger driven by Flowers’ friend Isa Muhammad before the car was pulled over on Pierce Street. As the officers got out of the patrol car, Flowers exited the Charger and ran down the street, followed by McKenna.
Members of law enforcement support the decision of the Grand Jury not to indict officer McKeanna. “Any comparison between this incident and other controversial police shootings is without merit and baseless,” said New Rochelle PBA President Christopher Greco.
“This case should have never been presented to a Grand Jury in the first place. What is all too often lost in these cases is that the New Rochelle Police Officer involved risked his own life in this incident protecting the community he serves while proactively engaging an armed felon. God bless the NRPD!” said Yonkers PBA President Keith Olson.
“Officer McKenna pursued and confronted a convicted felon in possession of an illegal weapon who was intent on avoiding apprehension at any cost,” said defense attorney Andrew Quinn. “Kamal Flowers ignored commands to drop his weapon and despite being Tasered twice, pointed his gun at Officer McKenna from a close distance with a clear intent to kill him.”
St. Paul said that the Flowers family intends on filing a wrongful death, civil suit against McKeanna and the NRPD.
The other interesting part of this case is that no comment has been issued from District Attorney-elect Mimi Rocah, either in favor of the handling of the case and the actions of DA Scarpino, or in opposition.
