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Judge frees man arrested before fatal shooting by NYPD cop

The officer who shot a man to death in Brooklyn on Friday, after the man threw a chair at him, remained in a medically induced coma Sunday, NYPD officials say. On Friday, NYPD chief of patrol services Rodney Harrison provided some details about the case. Credit: John Roca

A judge has freed a man whose arrest Friday after allegedly urinating inside a Brooklyn nail salon precipitated an NYPD officer's fatal shooting of another man who threw a chair at the cop’s head.

The officer who was struck by the chair and shot the man dead remained in a medically induced coma Sunday, according to Sgt. Brendan Ryan, an NYPD spokesman. The officer had been taken to Brookdale Hospital Medical Center Friday for treatment.

The man set free — identified by the NYPD as Dewayne Hawkes, 26, of Brownsville — was arraigned over the weekend and let out on supervised release, according to Brooklyn district attorney spokesman Oren Yaniv. Hawkes faces charges of resisting arrest, obstructing governmental administration, and criminal trespass, all misdemeanors, and an additional charge of violation-level trespass.

Hawkes is scheduled to return to court Nov. 25. Court records list his attorney as Khadey Penson of the Legal Aid Society, who could not be reached for comment.

The NYPD has not named the man killed. The shooting was the fifth in 10 days by an NYPD cop of someone who police said had posed a danger to an officer. Four of those shootings have been deadly.

On Saturday, Mayor Bill de Blasio promised a “full investigation” into Friday's events and what led to them.

De Blasio also said "we need to know more about" allegations, made by the dead man's family members, that they had sought help in vain from the city government over his troubles with mental illness.

"We obviously are awaiting a full investigation. This is a very, very serious situation. We need an investigation into everything that happened here, as per usual with the use of force," de Blasio said Saturday. "I also want to make very clear: We’ve got an officer in a medically induced coma right now. And obviously we have a civilian who has passed away."

Asked to provide the man's specific mental illness, de Blasio said: “We’re waiting to investigate that.”

“This civilian assaulted a police officer violently and that is not acceptable," de Blasio said. "I just need to put that front and center. That is not acceptable. We do not allow assaults on our police officers."

Friday's encounter began about 5:40 p.m., at the Goldmine Nail Salon on Mother Gaston Boulevard, when a man, later identified as Hawkes, walked in, asked to use the bathroom, and then started urinating in the middle of the salon, according to an account later Friday by NYPD Chief of Patrol Rodney Harrison.

The proprietors flagged down two officers in a van on patrol and asked that they remove the man. The officers then questioned him and learned he had an outstanding warrant, Harrison said. While the officers tried to arrest the man, he resisted. Another man walked in and began his own physical struggle with the officers, Harrison said.

One officer tried shocking the second man with his Taser, but the stun gun was ineffective, and the man raised and threw a metal chair that struck one of the officers in the head, Harrison said. That officer fired six times at the man, who was declared dead at the salon, Harrison said.

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