The bystander hit in the head by NYPD cops shooting at an unhinged knife-wielding man on the subway will sue the city for $80 million, claiming the cops acted “recklessly,” according to documents filed Thursday.
Gregory Delpeche, 49, is still suffering from “multiple cognitive deficits” and has trouble speaking in the aftermath of the Sept. 15 “friendly fire” shooting in Brooklyn that also left another bystander and a cop wounded, the filing states.
His notice of claim — a signal of an intent to sue — claims that police officers Edmund Mays and Alex Wong “recklessly, negligently and without justification” fired at Derrell Mickles, 37, during the confrontation on the Sutter Avenue L train station platform.
Mickles lunged at the officers with an eight-inch knife despite being zapped by Tasers and was told 38 times to drop the weapon before the cops began shooting, according to police and bodycam footage .