Video shows the first interaction two officers have with the 37-year-old suspect, Derrell Mickles, who enters the Sutter Avenue train station in Brownsville without paying.
Police-worn body cam video shows officers confront suspect in subway shooting
Surveillance video shows him jump the turnstile just before 3 p.m. on Sunday, then leaves the station.
Just 10 minutes later, he comes back. This time, he walks in through the emergency door, displaying a knife in his hand.
Officers see him and eventually follow him up the stairs and onto the platform. During this interaction, Mickles yells at the officers, "don't touch me" and "don't make me kill you."
Once the train approaches, Mickles goes inside with a knife in his hand.
Officers follow him inside, and after telling Mickles to drop the knife, they deploy their tasers. Video appears to show the tasers ineffective in stopping Mickles who continues to move about the train and then onto the platform.
Once on the platform, officers once again tell him to drop the knife. Mickles does make a move towards them, and officers open fire.
Police say Officer Edmund Mays and Officer Alex Wong, assigned to transit patrol, fired a total of nine shots.
Mickles survived, and on Friday afternoon, he was indicted on eight counts, including attempted aggravated assault on a police officer, attempted assault and assault, menacing a police officer, criminal possession of a weapon and theft of services.
Mickles was arraigned from his bed at Kings County Hospital, where he is recovering from his injuries.
He pleaded not guilty, and the judge set bail at $250,000, less than the state's request of $750,000.
"Obviously he's in very serious condition as far as his physical wellbeing," said Mickles' attorney Jonathan Fink. "I'm sure he would come back to court if he was released without any bail or if there was some kind of supervision."
His next court appearance is set for November 20.
Ahead of the release of the bodycam video, there had been an outcry and growing criticism of the NYPD's handling of the shooting, which left both Mickles and a bystander in critical condition, and injured an officer and one other bystander.
The family of the bystander, 49-year-old Gregory Delpeche, who was shot in the head by police gunfire calls the action of cops reckless.
"Mr. Delpeche is fighting for his life because of a reckless shooting, something that has been confirmed now by the video, a video that shows a shooting that did not have to occur," said Delpeche's attorney Keith White.
Another attorney for Delpeche, Nick Liakas, says his client was directed by police officers to stand where he was eventually shot.
"I'm at a loss for words what was portrayed to us by the NYPD, what that video was purported to show, could not be further from the truth," he said.
NYPD releases bodycam video of police shooting at Brooklyn subway station
Top NYPD brass have fended off criticism of the officers' actions, calling it a "fast-moving, fast-paced, and a stressful situation."
"We did the best, we did the best we could to protect our lives and the lives of the people on that train," said NYPD Chief of Patrol John Chell.
Chell said the incident "was not about fare evasion," but rather an incident about "a person in mental stress armed with a deadly weapon."
Officers say they asked him 38 times to drop the knife.
"As depicted on body-worn camera. Mr. Mickles charged one of the officers and then turned around. The other officer was standing there within approximately five feet. At this time, they both discharged their weapons," Chell said.
Mayor Eric Adams has repeatedly defended the officers' actions.
"Idealism is not realism. Policing is a very complicated series of events that unfold at a pace that is unimaginable," he said.
The shooting has sparked both outrage and several protests this week, leading to dozens of arrests.
Eyewitness News spoke to Delpeche's attorney Nick Liakas on Thursday. He said the NYPD failed to talk about what their responsibility is when they fire their guns in a public space and harm innocent bystanders.
"This unnecessary tragedy could have been avoided had they employed proper de-escalation measures," Liakas said. "We are here today because the city of New York has failed to take responsibility for the actions of its officers. We are here to ask for a full investigation."
In the meantime, NYPD officials are calling what happened to Delpeche a tragedy.
In a statement from MTA Spokesperson Eugene Resnick said, "The train crew became aware an incident was unfolding after the train arrived and doors were open. At that point they remained in the station as required by policy, and followed NYPD instructions."
Mayor Adams released a statement following the release of the body camera footage saying:
"Our condolences go out to the innocent bystanders involved in this incident and their families, and like all New Yorkers, we're praying for their immediate recovery. No one wants to see innocent people get hurt because anytime an a New Yorker is injured during a crime, we all, collectively, share the profound pain. We all agree that public safety and justice are the prerequisites to prosperity and they must go hand-in-hand. Every day, we are fighting to reduce crime on our streets and in our subways, and our administration remains committed to keeping New Yorkers safe. While this matter remains under investigation, the NYPD's initial review found that this shooting took place after the suspect involved brandished a dangerous weapon and put officers' lives at risk. While the formal review continues, and out of respect for that process, I will avoid commenting any further. As a young man, and throughout my career as a former police officer and as an elected official, I've spent my career fighting for both public safety and police reform, and I have been clear that I expect a Police Department that is professional, impartial, and just. The NYPD continues to work diligently to ensure New Yorkers are both safe and policed fairly."
NYC PBA released a statement on the body camera footage via X:
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