By Murray Weiss, DNAinfo Columnist / Criminal Justice Editor
Read more: http://www.dnainfo.com/new-york/20130104/astoria/fatal-police-shooting-of-unarmed-queens-man-go-grand-jury#ixzz2H30xXxgT
QUEENS — A grand jury will begin hearing evidence next week in the fatal police shooting of an unarmed National Guardsman who was pulled over on the Grand Central Parkway in Queens last October, DNAInfo.com New York has learned.
Starting on Tuesday, a 23-member panel in Queens will be asked to determine if Det. Hassan Hamdy, a veteran Emergency Services Unit cop, should face a criminal charge after he fired through the window of Noel Polanco’s car, killing him.
Hamdy is expected to testify during the month-long presentation of evidence that Polanco, who police said was driving drunk that fateful night, suddenly reached down toward the floor, prompting Hamdy to fear Polanco was reaching for a gun and forcing the detective to fire a single fatal.
A female passenger, Diane DeFerrari, is expected to testify that Polanco, 22, was no threat to Hamdy. She has publicly claimed that she saw Polanco’s hands on the steering wheel at the time of the shooting, but during interviews with police she said she was looking at Hamdy.
“It will come down to a credibility issue,” one informed source explained. “She will say she did not see Polanco reach for anything that would warrant the officer Hamdy firing. He will say he had reason.”
“It is a split-second thing and the jurors will determine which factual scenario they want to believe,” the source added.
Polanco’s blood alcohol level was later determined to be .15, nearly twice the legal limit, sources say.
It is unclear what role the blood alcohol results will play in the jurors' final decision. “They might think you should not be dead from drunk driving unless you crash your car,” another source said.
But police officers under law are permitted to fire if they believe they, or someone else, is being threatened with deadly force.
Prosecutors from the Office of Queens District Attorney Richard Brown could ask the grand jury to bring manslaughter or reckless manslaughter charge against Hamdy, a father of two and former Marine who served in Japan and Norway.
Last Oct. 4, an NYPD van filled with elite Emergency Service cops was returning from the Bronx where they assisted in executing a warrant and were heading to a similar job in Brooklyn when they were passed by a speeding car driven by Polanco.
Earlier that evening, Polanco drank several glasses of Hennessey cognac at an Astoria bar where Ferrari worked before then offering to drive Ferrari and another friend, off-duty NYPD cop Vanessa Rodriguez, home, police said.
The ESU cops say they pulled Polanco’s Honda over because they believed he was going to hit another car or crash his own. When they put on their lights and sirens to stop him, Polanco sped away until the cops managed to catch up and force his vehicle to halt alongside the parkway median.
Det. Hamdy, who was in uniform, was the first cop out of the van. He yelled, “Police,” and demanded Polanco keep his hands on the wheel. Within seconds, however, Hamdy fired the fatal shot.
Polanco, whose National Guard unit was based in Kingston, N.Y., was posthumously promoted to sergeant at his funeral. His death touched off protests against police tactics.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.