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Will Sgt. Hugh Barry be prosecuted for shooting Deborah Danner?

The Bronx D.A. has agreed to open an investigation.
Deborah Danner, 66, was shot by NYPD during a confrontation in which she armed herselFacebook/Deborah Danner

While New York State Attorney General Eric Schneiderman has declined to investigate the fatal shooting of Deborah Danner by an NYPD sergeant on Tuesday, the Bronx district attorney is ready to move ahead.

“I intend to conduct a full, reasoned and independent investigation into this matter, with an open mind, and any decisions that I make will be based upon the evidence,” D.A. Darcel D. Clark said.

Clark said she assigned Chief of the Public Integrity Bureau Wanda Perez-Maldonado, a “seasoned prosecutor,” to work with Chief of the Investigations Division Jean T. Walsh and the Homicide Bureau.

RELATED: Officer shoots, kills Bronx woman, 66, armed with baseball bat

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A recently signed executive order from Gov. Andrew Cuomo appoints the New York State Attorney General as a special prosecutor in matters relating to the deaths of unarmed civilians caused by law enforcement officers.

According to a statement in which Schneiderman called Deborah Danner’s death “a tragedy that never should have happened,” the A.G. said he believes there should be an investigation, but doesn’t believe he has jurisdiction.

“After reviewing the available facts and evidence, our Special Investigations and Prosecutions Unit has determined that this incident falls beyond my office’s jurisdiction under the Governor’s Executive Order No. 147, which grants my office jurisdiction only under limited circumstances,” Schneiderman said.

“It is vital to note that this jurisdictional determination has no legal impact whatsoever on the ultimate question of whether or not a crime was committed, or whether the officer involved should be prosecuted,” he added. “That determination rests with the Bronx District Attorney’s office, which we expect will conduct a full and fair investigation.”

Metro reached out to Cuomo's office, but has not gotten a response as of press time.

 
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