Victim's mom: 'No justice' in cop not indicted for fatal shooting

Hassan Hamdy leaves his home in Centereach on Hassan Hamdy leaves his home in Centereach on Friday, Oct. 5, 2012. Photo Credit: Joseph D. Sullivan

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The teary-eyed mother of Army National Guardsman Noel Polanco, who was shot dead in October during a traffic stop in Queens, called for justice Saturday after a grand jury declined to indict the NYPD detective from Centereach who fired the fatal shot.

"I'm very upset with the grand jury's decision," Cecilia Reyes said at the headquarters of the National Action Network in Harlem. "I feel that there was no justice served."

Polanco, 22, was pulled over on the Grand Central Parkway after police said he was driving erratically.

NYPD Det. Hassan Hamdy told investigators he shot Polanco once in the stomach after he appeared to be reaching under his seat, possibly for a weapon. No gun was found.

Other passengers in the vehicle said Polanco did nothing to provoke the detective.

A Queens grand jury decided Thursday not to indict Hamdy.

Reyes is considering several legal options, including a civil suit against the city and the NYPD and an appeal to the U.S. attorney's office, said the family's attorney, Robert Mijuca. The family also wants prosecutors to open a federal civil rights case against Hamdy.

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"This is just a small obstacle in our way," Mijuca said. "We will continue fighting."

The attorney is also calling on state lawmakers to appoint an independent agency to investigate all cases of alleged police misconduct.

Hamdy remains on full-duty status and the shooting will go before an NYPD firearms-discharge review board, said his attorney, Phil Karasyk of Hauppauge. Queens District Attorney Richard Brown said his office conducted a thorough investigation and called Polanco's death a "tragedy."

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