By Justin Mason
The Daily Gazette
ALBANY, N.Y. — Video from an Albany police cruiser showed Officer Jason Kelley struggling with Nah-Cream Moore as the 19-year-old exited a silver Range Rover on South Pearl Street.
Moore then appeared to reach his left hand into a pocket, a move that appeared to alarm Officer Greg Mulligan enough that he reached for his gun. Kelley and Moore drifted out of view of the cruiser’s camera, as Mulligan followed.
The video is silent, so the three fatal shots Mulligan fired into Moore’s chest aren’t heard. But shortly afterward, two women and a man hastily exited the sport utility vehicle.
The man ran into the distance, while the woman fell to the ground in apparent shock. Investigators later recovered a small, .22-caliber revolver containing one hollow-point bullet from the sidewalk where Moore -- a parolee wanted in connection with a home invasion -- was shot on Dec. 29.
The video, along with eyewitness accounts of the shooting and other forensic evidence, was enough to convince an Albany County grand jury to absolve the officers of wrongdoing in Moore’s death, which sparked outrage in Albany’s South End neighborhood. Though declining to discuss the panel’s deliberation, District Attorney P. David Soares said the evidence paints a clear picture of what led to the shooting.
“We have a very accurate picture of what happened on that evening,” he said during a news conference Thursday to announce the grand jury finding.
Soares was flanked by community activists Alice Green and Pastor Charlie Muller. Green, executive director of the Center for Law and Justice, said she concurred with the jury when taking into consideration the evidence she has seen.
“It seems fairly clear the police acted in a way they felt appropriate,” she said during the news conference.
Both Mulligan and Kelley have remained on administrative leave since the shooting, and authorities were unsure when they will return to active duty. Police Chief Steven Krokoff did not attend the news conference and was only informed of the grand jury finding about 15 minutes before Soares contacted the media.
In a statement, the chief said he supports the finding of the grand jury investigation, which upholds his own department’s probe of the shooting. He described the actions of Mulligan as “heroic” and having likely saved the life of Kelley.
“These events highlight the challenges our officers face every day,” he said. “It is my hope that this tragic incident will spur more citizens to join the responsible members of our community who are working with us to rid our city of senseless violence.”
On Dec. 28, Moore allegedly joined 17-year-old Deandre Morrison in the strong-arm robbery of a first-floor apartment on Alexander Street. Police said Morrison brandished a shotgun, while Moore had a .22-caliber revolver.
After identifying Moore as one of the robbers, Albany police secured a warrant for his arrest and put out a bulletin for officers to be on the lookout for him. Mulligan and Kelley then received information that Moore was traveling in the Range Rover as they stopped the vehicle for a minor traffic infraction, according to Soares.
Investigators claim Moore started to struggle with Kelley as the officer tried to arrest him, reached his left hand into his left pocket and produced what Mulligan verbally identified as a gun. A struggle ensued, bringing both men to the sidewalk in the 400 block of South Pearl Street.
After wrestling briefly, Moore was able to “buck” Kelley from his back, Assistant District Attorney David Rossi said. Moore then twisted to turn the gun on Kelley, prompting Mulligan to fire the fatal shots.
Krokoff attempted to ease the community tension over the shooting by conducting a news conference the following day. Instead, the briefing turned into a shouting match, where some members of the community accused the police of purposely shooting Moore.
Willisa Marshall, the driver of the Range Rover, accused the officers of shooting Moore while he was unarmed on the ground. Authorities disputed this account immediately.
Morrison has since admitted to one count of robbery, Rossi said. He is now awaiting sentencing in Albany County Court.
Soares expressed “disappointment” over some of the false information that circulated in the wake of Moore’s death. He said many of the inflammatory claims were clearly debunked by evidence in the immediate aftermath of the shooting.
Community leaders will host a discussion this evening to open a dialogue about the tensions caused by the shooting and other violence in the city. Soares said the goal is to help identify some of the root causes of violence in the city.
“What we’re looking for is peace in the community,” Soares said. “This is an explosive issue, and we’re hoping people will remain calm until there is a dialogue.”
Copyright 2012 The Daily Gazette Co.