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Updated Jan. 6, 2004, 2:40 p.m. ET

City of New York agrees on $3 million settlement to family of Amadou Diallo

NEW YORK (AP) — The city agreed to pay $3 million to the family of Amadou Diallo, the unarmed West African immigrant killed by 19 police bullets nearly five years ago, its chief lawyer said Tuesday.

"The mayor, the police department and the city deeply regret what occurred and extend their sympathies to the Diallo family," Michael Cardozo, corporation counsel for the city, said in a statement announcing the settlement.

Diallo was shot to death in the vestibule of his Bronx apartment building on Feb. 4, 1999, by undercover officers who said they mistook his wallet for a gun.

The officers fired 41 shots, hitting the street vendor from Guinea 19 times and making the killing an international symbol of police brutality.

The officers were acquitted of state criminal charges in a February 2000 trial that was moved to Albany because of pretrial publicity. The Justice Department decided not to bring federal civil rights charges against the officers.

Diallo's parents, Saikou and Kadiatou, had sought $81 million in their negligence lawsuit against the city.

An attorney for the family said the Diallos are "very grateful to finally achieve closure."

"This is without a doubt the largest settlement in New York for the wrongful death of an unemployed man with no dependents," said attorney Anthony Gair. "It shows the city and the Bloomberg administration, unlike the prior administration, wanted to make amends."

City lawyers earlier had argued that Diallo "caused or contributed" to his death by assuming a "combat position" and disregarding police commands.

Blaming Amadou for his own death angered his mother more than the officers' acquittal, she said in a book released last year, "My Heart Will Cross This Ocean."

"Why wasn't the scenario turned around?" she writes. "He was the one standing on his doorstep, watching four men in jeans, sneakers and hooded sweat shirts leap out of their red car, heading straight for him. They were the ones who acted unpredictably."

The officers said they wanted to talk to Diallo because he resembled a suspect in a rape case.

Two of the officers remain on the force and two are now firefighters.

James Culleton, attorney for former Officer Richard Murphy, said he hoped the settlement "will put all this to rest and everyone can move on with their lives."

Officer Kenneth Boss, who is on desk duty with no shield or gun, is suing the department for full reinstatement, said his attorney, Steven Brounstein.

"This was a tragic mistake, and a mistake is not a criminal act," Brounstein said.

"Hopefully an incident like this will not happen again," said Stephen Worth, attorney for former Officer Edward McMellon.

The shooting set off an investigation into racial profiling, and Police Commissioner Raymond Kelly spelled out an anti-profiling policy in 2002.



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