By Tom Hays, The Associated Press
NEW YORK (AP) - A former police officer was charged Monday with manslaughter in the shooting of a deli clerk last month despite his contention that the death was a tragic accident.
An indictment accuses John Malik, 60, of recklessly firing a semiautomatic pistol at the victim while cashing a lottery ticket inside the deli the night of Oct. 18.
Malik has told investigators that he was reaching for his pager when he accidentally dropped his holstered gun, which he was licensed to carry. As he fumbled to catch the weapon, he said, it fired and the bullet struck Manuel Chametla, an 18-year-old Mexican immigrant.
At a news conference, Queens District Attorney Richard Brown noted that Malik, as a former police officer, “had 28 years experience in the handling of firearms.” Despite that experience, the defendant “failed to safeguard a firearm he knew was loaded,” Brown said.
Malik pleaded not guilty to charges of reckless manslaughter and criminally negligent homicide, and was released on $25,000 bail. He faces up to 15 years in prison if convicted.
Outside court, defense attorney John Murphy Jr. described Malik as “a steady and law-abiding individual” with a solid record both as a police officer and Vietnam veteran.
“This was a tragic accident. ... It’s a desperate situation for all involved,” Murphy said.
Chametla came to this country about two years ago. Once he earned enough money, he had hoped to return to Mexico to make a home with his girlfriend and 3-year-old son, his family said.