An FBI agent who shot out his second-story window in Queens at a man he believed was breaking into his car will not face criminal charges, according to reports from the Wall Street Journal.
The shooting occurred early in the morning on July 18, when the agent was reportedly woken by his wife, who told him their car was being burglarized. The agent reportedly told authorities he yelled out his window, "Police, get away from the car," several times, and only fired one round when he believed the alleged burglar was reaching for a weapon.
The alleged burglar, 24-year-old Adrian Ricketts, was shot in the back, and arrested after seeking treatment at Brookdale Hospital. His 22-year-old brother, Andrae Ricketts was also arrested later, and both were charged with criminal mischief and petit larceny. Both pleaded not guilty, and no weapon was ever recovered from either arrestee.
The Journal noted that at the time of the shooting, FBI spokesman J. Peter McDonald promised a "thorough, independent investigation," but also that FBI policy allows agents to use deadly force when they believe they or someone else is in imminent danger.
Yesterday, a Queens prosecutor reportedly told Queens Criminal Court Judge Dorothy Chin Brandt that both sides agreed not to testify against each other. The Queens district attorney's office was reportedly "not a party" to the deal, according to prosecutor Robert Hanophy.
The deal means charges against the Ricketts alleging they broke into the agent's car are dropped, and the DA's office won't ask a grand jury to consider felony charges against the agent.
The Ricketts brothers' lawyer, David Levine, reportedly told the Journal the brothers were not compensated financially by the agent in exchange for not testifying against him in front of a grand jury.
Levine said the brothers chose not to testify because prosecutors would not give them immunity, and a conviction could have led to deportation. The Ricketts are from Jamaica.
The Journal withheld the name of the FBI agent because they were told the agent had taken part in undercover work.
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