12/10/2012 08:54 am ET

Undercover Police Fatally Shoot Man Armed With Pellet Gun In Queens During Drug Bust

By Jess Wisloski, DNAinfo Weekend Editor

RIDGEWOOD — A man wielding a fake Glock was shot and killed by undercover police in Queens at 10:43 p.m. Saturday night, police said.

The man, 42, whose identity, had not been released Sunday, interrupted an arrest by two plainclothes narcotics detectives in drug-buying sting at the corner of Gates and Seneca avenues, who had taken a suspect, 33, into custody.

The unidentified man emerged from a black livery cab on Gates Avenue, which sped off as the man got out, witnesses told police.

The victim confronted the officers, and pulled what looked like a Glock 19 semi-automatic handgun from his waistband, pointing it at the officers, police said. 

Firing off six rounds, the police officers struck him three times in the leg and torso, police said. The man was rushed to Wyckoff Hospital but pronounced dead.

A Walther CP99 compressed air pellet gun was later recovered from the deceased, and the NYPD learned he had 39 prior arrests, including four by the Miami-Dade Police Department. His record in the city was mainly for drugs, and included robbery, weapons possessions, and assault.

The suspect who was in custody, Nolan Rivera, said he had recognized the man from the neighborhood but did not know him well. Rivera was meanwhile taken to the hospital for observation, after he swallowed crack, police investigators said.

Rivera was charged with selling a controlled substance, tampering with physical evidence, and possession of marijuana.

For both of the officers involved it was a first police-involved shooting, and witnesses said the officers, aged 42 and 48, had their badges displayed.

An investigation is ongoing, police said.