The man shot by an off-duty NYPD sergeant in Seaford just after midnight Friday has been released from the hospital and is expected to talk to police sometime over the weekend, according to his attorney.
Nassau police have said the man confronted the sergeant with a bat outside his Stirrup Path home and that the shooting followed an altercation.
His attorney, however, has disputed the Nassau police account and says he was not wielding a bat but was with the sergeant's wife when the sergeant began pursuing the man.
Neither man has been arrested, Nassau police said.
Nassau police and the NYPD are conducting separate inquiries.
"The NYPD's Force Investigation Division conducts comprehensive investigations in every incident where police officers discharge their service weapon and this process in active and ongoing," Detective Sophia T. Mason, Office of the Deputy Commissioner Public Information, said by email on Saturday. "We will decline to comment further on an active investigation."
The man who was shot was taken to Nassau University Medical Center in stable condition, his attorney said. The sergeant, 34 and assigned to a precinct in Queens, also was taken to a hospital for observation, Nassau police said.
NYPD Sgt. Mary Frances O'Donnell, a department spokeswoman, said Friday night the off-duty sergeant was placed on modified duty, meaning his gun was taken away and he was placed on a desk assignment. This is standard practice whenever an officer fires his or her weapon, an NYPD spokesman said.
O'Donnell directed other questions about the incident to Nassau County police.
The lawyer, Jason Russo, said the man was expected to talk with police Saturday or Sunday.
Russo gave the man's account of the dispute, saying the sergeant was angered by a relationship between the man and the sergeant's wife and that the sergeant had threatened the man in the past. The lawyer said the relationship was platonic and that the man is a personal trainer, though not hers.
A neighbor said she heard voices before the shooting.
“I heard a little bit of talking next door. I heard his name called a few times,” said Regina Noonan, 42, referring to the sergeant. “Then we heard gunshots.”
Emily Williams, 22, who lives in the neighborhood, said she woke up shortly after midnight when she heard a man calling for help outside her home.
“He was saying, ‘Sir, can you help me, I’ve been shot,'" she said.
Williams added: “I just have this image of him walking along the street.”
With Matthew Chayes and Antonio Planas