A Mount Vernon man has filed a legal notice that he intends to sue the local police department and an off-duty officer who he says shot him while at a party on Sunday night.
Mark Nembhard, who was shot in the leg, filed a notice of claim seeking $25 million in damages.
Nembhard’s brother was also shot in the back in the incident, according to Brooklyn lawyer Sanford Rubenstein. Rubenstein said the brother, whom he did not name, has been released from the hospital but has not yet decided whether to take legal action in the case.
“These men have been permanently injured,” Rubenstein said. “This should not be happening, especially when they were shot for no reason at all by a police officer who had no reason to shoot.”
According to Rubenstein and legal papers in the case, the siblings were at a party on South Fourth Avenue in Mount Vernon around 1:30 a.m. when an off-duty police officer fired into a crowd. Rubenstein said there was armed security hired to work at the party, but he did not believe the officer was working as part of the security detail.
CBS New York reported that a fight had broken out prior to the shooting. But Nembhard says he had nothing to do with the dispute.
Rubenstein said the officer, referred to in legal papers only by the last name Betty, has been assigned to desk duty while state police investigate.
“Not only should he be fired, but he also should be arrested and charged criminally,” Rubenstein said.
Bullet fragments remain in Nembhard’s foot, according to the legal filing.
The officer’s attorney could not be reached for comment on Monday night. A spokesperson for Mount Vernon police declined comment on the incident.
New York State Police, who are investigating the incident, did not return an email seeking comment on Monday afternoon.
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