After an off-duty automobile pursuit in Brooklyn, an NYPD officer was fired from his position, according to the Daily News. The officer was accused of shooting his revolver at his girlfriend’s estranged husband.
According to NYPD records, Officer Kevin Marcial claimed that he should be permitted to remain a cop despite his near-fire ten years earlier over an unrelated disciplinary issue since, by pleading guilty to departmental charges, he admitted his mistake and demonstrated regret.
But NYPD judge Vanessa Facio-Lince said firing a gun under the circumstances “evinces a serious lapse in judgment that is incompatible with continued service as a member of the department.” Facio-Lince recommended Marcial be fired.
That suggestion was approved by NYPD Commissioner Jessica Tisch, who has ultimate authority over internal disciplinary issues, and Marcial was fired on February 18th.
The New York Police Department’s website has featured her ruling and a synopsis of the case.
On April 21, 2022, the incident took place.
After Marcial’s shift at the 101st Precinct in Far Rockaway, Queens, ended, he traveled to Brooklyn to drop off groceries at his girlfriend’s workplace. Marcial began his career with the New York Police Department in July 2005.
According to his trial testimony, he left her off close to her parked car and was on his way home when he noticed a black automobile following him through Brownsville at a high pace. He had a good suspicion that her husband was behind the wheel.
According to his testimony, he proceeded to shoot at the vehicle around Sutter and Williams Avenues after a few blocks. Although nobody was wounded, Marcial did not immediately report the event and ran away from the area. Despite driving by a police stationhouse, he chose not to stop and report the incident, citing his fear of “putting anyone else in danger” as his reason.
Shortly after, Marcial and the husband both reported what had happened. However, according to sources within the police department, the officers the husband spoke with initially didn’t believe him—that is, until he gave them the details for Marcial’s BMW license plate.
While Marical was not indicted for any wrongdoing, she did face a suspension from the NYPD and was subsequently placed on modified duty, tasked with overseeing the surveillance cameras at a command center for the Housing Bureau.
In a previous incident, the spouse allegedly confronted Marcial on the street when he and his girlfriend were out getting Marcial’s hair trimmed, as stated in the paperwork. So, Marcial filed a report about it.
His two previous disciplinary proceedings with the New York Police Department were the registration of his personal vehicle in New Jersey and an incident in which he was observed guarding a prisoner with his eyes closed. He was placed on dismissal probation in 2015 and lost 30 days’ pay. Any more wrongdoing during the next year might have resulted in his termination.
